June 08, 2016
The Ninth Circuit on Wednesday tossed lower court rulings denying class certification to CVS Pharmacy Inc. cashiers and JPMorgan Chase & Co. tellers in separate suits accusing the employers of not providing seating under California law, ordering reconsideration in light of recent state Supreme Court guidance.
April 07, 2016
The California Supreme Court's recent clarification that employers and courts should use a fact-specific approach to determine whether workers must be given seats is far from the uniform test some had hoped for, and attorneys say it creates uncertainty over what it will take to win class certification in seating cases.
April 04, 2016
The California Supreme Court on Monday clarified the state's suitable seating requirements, finding employers must provide seats if tasks at a given workstation — rather than all tasks in a worker's day — can be done sitting down, answering the Ninth Circuit's question in appeals by CVS cashiers and Chase Bank tellers.
January 05, 2016
The California Supreme Court on Tuesday grappled with how to clarify the state's suitable seating requirements after the Ninth Circuit requested its input in separate appeals brought on behalf of CVS cashiers and JPMorgan tellers whose bids for class certification were rejected.
March 13, 2014
The California Supreme Court on Wednesday agreed to weigh in on how the state's suitable seating requirements should be interpreted, setting the stage for a ruling that attorneys say will provide welcome clarity to a hazy area of law that has bedeviled retail employers in the Golden State.
January 23, 2014
The AARP and plaintiffs lawyers have recently urged the California Supreme Court to accept the Ninth Circuit's request that it provide guidance on how to interpret key phrases underpinning the Golden State's suitable-seating requirement.
January 02, 2014
The Ninth Circuit on Tuesday asked the California Supreme Court for guidance on how to assess whether employers including CVS Pharmacy Inc. and JPMorgan Chase Bank NA must provide California workers with seats, citing a dearth of precedent interpreting the state's suitable-seating requirements.