The holding of this case is as follows: “we conclude section 2699, subdivision (f)’s civil penalties are available for a violation of section 1198, based on failure to comply with Wage Order No. 7, subdivision 14.” And what it means is not great news for many of our clients. Section 2699(f) is the business end of the Private Attorney General Act of 2004, which allows individuals to seek penalties for violations of the Labor Code.
As our readers already know, Subdivision 14 of Wage Order 7 provides as follow:
All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
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.
So, Bright holds that the PAGA can be used to enforce the seating provisions of the Wage Orders. This will require retailers, among others, to revisit their policies especially as they relate to cashiers. Moreover, the Wage Order seating provisions apply to all employees—not just to employees needing a reasonable accommodation