Opinion Analysis: Kilby v. CVS Pharmacy, Inc.
In response to a request from the Ninth Circuit, the California Supreme Court provided definitive guidelines for interpretation of the “suitable seats” requirement of California’s wage orders. Although not as frequent a subject of litigation as overtime and misclassification, the provision is the subject of several pending class actions, which should benefit from the new decision. The “Suitable Seats” Requirement All but two of the seventeen California Industrial Welfare Commission wage orders contain the following requirement: “(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats. (B) When...