Tulare is in the News Again, This Time for a Business Failing to Provide Seats for its Workers

It's a crazy law, but someone should benefit from it -- and no one is more deserving than lawyers!

Each wage order contains a provision requiring seats for workers "when the nature of the work reasonably permits the use of seats."  When the meal and rest period class action litigation started a few years ago, lawyers looked at other provisions of the wage order that could support mass litigation -- and revenue. 

It was like another golden grail.  A lowly seat.  Maybe just a bench ... or stool.  Think of all those cashiers at every store who must stand to work.  Yet, couldn't a seat reasonably be permitted?  And who better to decide when seating accommodations should be provided by lawyers and juries?  Really, I am kidding.  Lawyers and juries are probably the worst people to have making decisions on seating in any particular store. 

Well Kmart in Tulare had a class action lawsuit filed against it.  Kmart is saying that revenues keep going down and that it would cost $10,000 per aisle to reconfigure check-out stands to accommodate seating. 

So what does this mean for you?  You need to consider whether any particular job performed by employees could be done in a seated position.  If so, you may want to compare the cost of those seats to the cost of litigation. 

Aren't you glad you own a business in California?