Standing Up To Sit Down

On July 19, 2022, the California Court of Appeal offered some clarification on an employer’s duty to provide seating under Wage Order 7 in Meda v. Autozone, Inc. (2022 Cal.App.LEXIS 629, 2022 WL 2813819).

Meda (plaintiff) was a sales associate from November 8, 2016 to April 18, 2017 assisting customers at the parts counter, operating a cash register, cleaning the store, moving merchandise and stocking shelves.

She estimated 40% of her duties were at the cash register, which she claimed could be accomplished while seated.

The employer (defendant) had a policy that required two counter-height raised chairs suitable for the register and the policy was to make one available ‘for any employee that needed or desired to use one.’ This policy was not accompanied by any training or incorporation into the handbook.

The chairs were located near the manager’s station which was accessible to cashiers, but not visible from the cash registers. This plaintiff had previously used one of the chairs as a disability accommodation for a foot injury, but did not believe they were generally available without an accommodation.