Seating Regulations

Your Right to a Suitable Seat When the Work Permits

California is one of the few states that requires employers to provide suitable seats when the nature of the work reasonably permits sitting. Many employers make cashiers, greeters, tellers, and line workers stand for entire shifts out of habit or image rather than any real need. Because a no-seating policy usually affects an entire group of workers, these claims are often pursued as class or representative actions.

If you are required to stand at a job that could reasonably be done sitting, your rights may have been violated.

What the Seating Law Requires

California’s Wage Orders contain two seating requirements. First, employers must provide suitable seats when the nature of an employee’s work reasonably permits the use of seats. Second, when the work requires standing, the employer must still place an adequate number of seats nearby for employees to use when the work does not keep them on their feet.

The “Nature of the Work” Standard

In Kilby v. CVS Pharmacy, the California Supreme Court held that whether the nature of the work reasonably permits sitting is judged objectively, based on the totality of the circumstances. The focus is on the actual tasks performed at a given location, not the job as a whole and not the individual worker. If the tasks at a workstation reasonably permit sitting and a seat would not interfere with other tasks that require standing, a seat is called for. An employer’s business judgment and the physical layout of the workplace are relevant, but they are not decisive.

The Employer’s Burden

Kilby also made clear that when an employer contends no suitable seat is available, the burden is on the employer to prove it. An employer cannot simply prefer that employees stand, or point to a customer-service image, to avoid providing a seat that the work would otherwise permit.

Common Seating Violations

Seating violations tend to affect whole categories of workers. Common examples include:

• Cashiers and retail clerks required to stand throughout a shift
• Bank tellers and customer service staff kept on their feet
• Assembly-line and production workers denied seats for seated tasks
• Receptionists and greeters given no seat during downtime
• Employers using company image as the reason for a no-seating rule

How Seating Claims Are Enforced

Suitable seating claims are enforced largely through the Private Attorneys General Act, which allows civil penalties for each affected pay period across a group of employees, so the totals can be significant. Because these violations are typically company-wide, they are often brought as class or representative actions. A successful claim can also require the employer to change its policy and provide seating going forward, and may include your attorney’s fees and costs.

Frequently Asked Questions

Does my employer have to give me a seat?

Your employer must provide a suitable seat when the nature of your work reasonably permits sitting, and must provide seats nearby for downtime even when the work generally requires standing.

What does “nature of the work” mean?

Under Kilby v. CVS, it is an objective question based on the actual tasks at your workstation, not your whole job description and not your personal preferences. If those tasks can be done seated without interfering with standing tasks, a seat is required.

My employer says standing is part of the company image. Is that a valid reason?

Business judgment and image are relevant but not decisive. If the employer claims no suitable seat is available, it carries the burden of proving that, and image alone generally will not justify denying a seat.

What if I only need to sit for part of my work?

The law still applies. Seats must be available for the tasks that reasonably permit sitting, and seats must be placed nearby for use when you are not actively performing standing work.

How are seating claims pursued?

They are commonly brought under the Private Attorneys General Act and as class or representative actions, because a no-seating policy usually affects an entire group of employees.

Schedule Your Free Consultation

At Righetti Law in San Francisco, our attorneys represent employees in California state and federal courts and have decades of experience handling wage-and-hour and class action matters. We have recovered millions for our clients in court and in settlement.

Your consultation will be confidential, and we will not contact your employer.

Call our firm at 415-983-0900 for a complimentary, confidential consultation. You may also complete our online contact form.