We’ve been keeping an eye on claims by employees about failure to provide seating since January, including providing this list of FAQs. 

Earlier this week, a federal judge in LA dismissed a class action against Bank of America on the grounds that the plaintiffs didn’t claim that they asked for seats.  As reported in Employment Law 360 (subscription required), the employer’s obligation to provide seating only arose if the plaintiffs asked and their requests were denied.  Otherwise, a large employer could be required to buy hundreds or thousands of seats when not every employee even wants one. 

Makes sense to me.  Let’s see if other courts (especially California state courts) follow suit.