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On April 4, 2016, the Supreme Court of California ruled on employers’ obligations, under certain circumstances, to provide seating for employees under Industrial Welfare Commission Wage Order No. 7-2001, which states that “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court addressed three primary questions in the case: how expansively “nature of the work” should be interpreted, how courts should decide whether the nature of the work “reasonably permits” sitting, and whether a worker must prove that a suitable seat was available and was not provided in order to show that the employer violated the seating provision.
The court answered the three questions as follows:
Hera S. Arsen J.D., Ph.D., is the managing editor of Ogletree Deakin’s publications. Republished with permission. © 2016 Ogletree Deakins. All rights reserved.
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