We’ve been writing about suitable seating since some of you were in high chairs (OK, since 2010). The issue arises from language in most of the California Wage Orders saying that: “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.”
I don’t begrudge people wanting to sit down. Heck, I’m sitting down right now. When I’m done here, I’m going to sit in my car and go home and sit some more there. So believe me, I’ve got nothing agains sitting.
I do, however, have a problem with employers getting sued for failing to comply with laws that no one knows the meaning of. Last November, the Ninth Circuit Court of Appeal asked the California Supreme Court to clarify what “suitable seats,” “nature of the work,” and “reasonably permits” mean in this context. On March 12, 2014, the California Supreme Court agreed to do so. Not right this second, but eventually. Until then, take a seat.