Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

ADEQUATE SEATING FOR EMPLOYEES IN THE RETAIL ENVIRONMENT: THE NEXT BIG "GOTCHA"?

By Alex Hernaez on January 19, 2010
Email this postTweet this postLike this postShare this post on LinkedIn

Section 14 of the Mercantile Wage Order states the following:

(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.

(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.

Today’s Recorder has an interesting article on a recent batch of cases seeking to enforce this provision of the Wage Order under the Private Attorneys General Act. The issue is whether a violation of this section gives rise to penalties under the PAGA.  This may develop into yet another trap for the unwary retalier.

Currie-White v. Blockbuster, Inc., 2009 U.S. Dist. LEXIS 68438, 8-9 (N.D. Cal. Aug. 5, 2009) supports plaintiff’s view that section 14 of the Wage Order is enforceable under PAGA.

  • Posted in:
    Employment & Labor
  • Blog:
    California Employment Law
  • Organization:
    Fox Rothschild LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo