Employers in California must comply with various orders issued by the state’s Industrial Welfare Commission. These orders address employment regulations that specify minimum requirements for employee wages, hours, and safe working conditions. Many of these wage orders contain a section that refers to the California “Sitting at Work Law” or the California “Sitting Down at Work Law.” The California Division of Labor Standards Enforcement currently enforces wage orders.
This Suitable Seating Law requires that California employers provide suitable seating to all workers whose jobs reasonably require the use of a seat. Failure to comply with this law can lead to lawsuits and the payment of significant monetary fines.
Therefore, if a person believes that their employer has deprived them of suitable seating at work, they should contact a local California attorney for guidance. An attorney can determine whether a person has a case under California employment laws. If so, they can help the person possibly win a remedial action from their employer.
What Is Considered a Suitable Seat?
According to California law, the type of seat that is considered a “suitable seat” largely depends on the nature of the work and the circumstances in each workplace. For instance, a mechanic may only need a bench to sit on while periodically taking breaks from working on cars.
In other work environments, such as a startup or a co-working space, a basic chair or stool that the average person can use will probably be sufficient to satisfy these requirements.
The number of suitable seats provided will also depend on the nature of the work and the conditions of an individual workplace.
For example, cashiers at retail stores must be provided at least one seat at their workstation or one seat near their cash register if they continuously rotate cashiers on separate break schedules or if an employee alternates between standing and sitting while working their shift.
Additionally, where a seat is located is left up to an employer’s discretion. However, the law provides that a seat must be placed in a location that is reasonably close to an employee’s work area or in a spot where an employee can see their work area in case they need to immediately return to their duties.
Lastly, although the law does not expressly specify this last point, employers are strongly advised to offer seats in employee break rooms and/or back offices.
A person’s employment contract could also specify an acceptable seating arrangement. Also, collective bargaining agreements could specify seating requirements.
Who Needs a Suitable Seat?
California employers are required to provide suitable seating to all employees in two scenarios:
- When the nature of a current employee’s work “reasonably permits the use of seats;”
- When employees are not performing job tasks and the nature of their work requires standing, adequate seating must be placed near their work areas, and employees must be allowed to use such seats so long as it does not interfere with their job performance.
Thus, suitable seating must be supplied to all employees whose job tasks reasonably permit the use of seats, regardless of whether or not they have a disability or asked their employer to provide seats.
While this may seem clear in situations where an employee works at a desk all day, it is not as clear when a job entails duties, such as grocery store cashier work or tasks carried out by car mechanics. In these scenarios, a court must assess other factors before issuing a ruling requiring a California employer to provide suitable seating.
Is Suitable Seating Different from “Reasonable Accommodations”?
The federal Americans with Disabilities Act (ADA) requires employers to offer reasonable accommodations to employees with disabilities who need them in order to be able to perform their jobs. California’s suitable seating requirements stem from state employment laws.
In other words, suitable seating requirements only affect employers in California, while reasonable accommodation requirements affect employers in every state.
Another major difference between the two is that employers must provide suitable seating arrangements for all employees, regardless of whether or not a worker has a disability and/or whether or not the employee requested it. On the other hand, the ADA’s “reasonable accommodations” requirement only applies to workers with disabilities who have submitted a request for a suitable seating accommodation.
This distinction is extremely important to recognize because it means that even workers who do not have a disability or do not make such a request may be permitted to take legal action against a California employer for failure to provide suitable seating.
Additionally, the conditions of California’s suitable seating law are not directly tied to other state and federal disability laws. However, lawsuits based on these other laws can provide substantial evidence to support an action for suitable seating.
For instance, assume that an employee can prove that their employer-provided suitable seating to accommodate one of their colleagues in the same job. In this case, this can be used as evidence to show that a job reasonably requires suitable seating.
What Happens if I Do Not Comply with Suitable Seating Requirements?
California employers who refuse to provide suitable seating options for their employees can be sued for failing to comply with suitable seating regulations. Some common legal consequences for employers who fail to adhere to these requirements include the following:
- Money Fines: For example, a state law known as the California Private Attorney General Act (“PAGA”) provides that a court may impose monetary penalties on a per-violation basis. Under this Act, an employer who is not in compliance may be required to pay $100 per day for each employee for an initial violation. Other laws may entitle employees to payment of a more modest penalty;
- Mandatory Changes to Company Policies: Depending on the facts of a case, a court may order an employer to update their company policies and/or handbook to comply with California law. Making changes to existing company policies can be costly and can sometimes disrupt business operations as well;
- Compliance with Wage Orders: California Wage Orders cover a variety of legal issues in the workplace, which include suitable seating requirements. Thus, the court would most likely order an employer to provide suitable seating if they have not already done so.
A person may first want to turn to the California Division of Labor Standards Enforcement for guidance on how to address the seating issue in their workplace.
What Other Issues Are Connected with Suitable Seating Laws?
Aside from being in violation of suitable seating laws, a lack of suitable seating can also lead to personal injury lawsuits based on injuries or work accidents that result from a lack of suitable seating.
For example, a job could reasonably require the use of a seat, and an employee develops back problems over the years due to inadequate seating arrangements. If that is the case, they may be able to sue their employer for compensatory damages.
Or, an employee may develop some type of health condition within the scope of their employment that would entitle them to file a claim with the California workers’ compensation system.
Another legal issue that can arise from a lack of suitable seating is that it may violate work safety regulations. For instance, an employee may work with dangerous chemicals or have to operate heavy machinery for prolonged periods of time. If they become over-tired because they are not able to sit, it can endanger their own well-being and that of other workers and any customers who may enter the business.
Do I Need a Lawyer for Help with Suitable Seating Issues?
If you believe that your employer has denied you your right to suitable seating, you want to consult a California employment lawyer for further advice.
LegalMatch.com can connect you to an experienced employment lawyer who will be able to determine whether your employer has violated California law. Your lawyer can also discuss your options for legal recourse.
Additionally, if you have colleagues who have been affected by your suitable seating issue, your lawyer can assist you with bringing a class action lawsuit.
