Section 14 of the Mercantile Wage Order states the following:
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.
Today’s Recorder has an interesting article on a recent batch of cases seeking to enforce this provision of the Wage Order under the Private Attorneys General Act. The issue is whether a violation of this section gives rise to penalties under the PAGA. This may develop into yet another trap for the unwary retalier.
Currie-White v. Blockbuster, Inc., 2009 U.S. Dist. LEXIS 68438, 8-9 (N.D. Cal. Aug. 5, 2009) supports plaintiff’s view that section 14 of the Wage Order is enforceable under PAGA.