Duty to Provide Suitable Seating Goes Beyond Merely Making Seats Available

August 11, 2022 | From HRCalifornia Extra

by Christina Baggett, J.D.; Associate General Counsel, Employment Meta Platforms, Inc.

In a recent decision, the California Court of Appeal for the Second Appellate District issued guidance on what it means for employers to “provide” suitable seating within the meaning of the California Wage Orders (Meda v. AutoZone, Inc., et al., No. B311398, Cal.App.2nd (July 19, 2022)).

Just as the California Supreme Court’s seminal Brinker decision (Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1027 (2012)) gave employers some clarity and actionable steps on what it means to provide meal periods and authorize or permit rest periods, Meda similarly provides actionable steps employers can take to avoid liability for failure to provide adequate seating where the nature of the work permits employees to sit.

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