Definition of ‘provide suitable seating,’ part 2

For the past decade, California courts have had the unique task of interpreting a new statute and regulations requiring employers to “provide suitable seating” for employees who are off-duty or whose duties permit them to sit. Seven years ago, the California Supreme Court issued an opinion helping define what is meant by “suitable seating.” This month, the California Court of Appeal tried to figure out what it means to “provide” and decided that is a question for a jury.

Have a seat . . . or not

Monica Meda worked as a sales associate for about six months at an AutoZone auto parts store, operated by AutoZoner Inc. She worked part-time as a sales associate at the store from November 8, 2016, until she resigned on April 18, 2017.

As a sales associate, Meda assisted customers at the parts counter by answering questions and locating parts. She also operated the cash register, cleaned the store, moved merchandise around, and stocked shelves. She estimated that in the normal course of her work, she spent approximately 40% of her time at the cashier station and stated that she could do all cashier tasks while seated. In addition, she estimated that she spent another 40% of her time at the parts counter and roughly half of that work could be performed while seated. Both the parts counter and the cashier workstations (together, “the front counter workstations”) were located at elevated counters.