Suitable Seating Law: My Job is Requiring Me to Stand All Shift

cash registerAre you working as a cashier this holiday season at Target, Walmart, Home Depot, Walgreens, or other larger chain stores? Are you working as a barista at Starbucks, Peet’s, or Coffee Bean? Or maybe you work as a bank teller for companies such as Chase, Wells Fargo, Bank of America, or Citibank. The holiday season is busy and stressful, as a rush of holiday shoppers are jamming in their last-minute gift shopping and errands. After a long shift of standing and helping customers in line, it’s easy to feel exhausted and overworked. But did you know that California employment law requires that “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats?” This may apply to your work too!

If you work in retail, the quick-serve restaurant industry, or in financial services, and your employer has not provided you some sort of suitable seating option, they may be in violation of the law. You should not be required to stand all shift with no option to sit down during this busy holiday season! Carter Law Firm, an Orange County employment law firm, wants to walk you through your rights.

What Is a “Suitable Seat?”

A suitable seat refers to a chair, stool, bench, or another form of seating that an employer may be required to offer depending on the circumstances of work. The law does not require that each employee have their own seat, only that seating need to be available if reasonably necessary. If you are required to stand because of the nature of your work, your employer is still often required to provide a seating arrangement, assuming that doing so does not interfere with the work itself.

Not providing a “suitable seat” is quite common in the above-listed industries – and it may be an issue in others as well. If the nature of the employee’s work does require a seating arrangement, the employer may be subject to penalties under California’s Private Attorney General Act if it does not provide one. If you aren’t sure if this applies to your work circumstances, contact Carter Law Firm for a free consultation. 

What Should I Do Next?

If you believe that your employer should or should have offered you access to a seat, but did not, contact Carter Law. We can review your case. You can find out more about how we can help you by reaching out to Carter Law Firm confidentially. Our firm can help.