Sit or Stand Is The Question For California Employers

California requires employers to provide suitable seating at any workstation where the nature of the work “reasonably permits the use of a seat.” Cashiers, greeters, bank tellers and even security guards have filed lawsuits claiming that their employer failed to provide suitable seating. At the same time, for most employers customer service is a crucial aspect of operating the business and requires meeting service expectations, and those employers may wonder if those expectations can be met if employees are seated. These conflicting imperatives can make for a difficult decision, and not only for employers in California: There are versions of a suitable seating law in three other states, and it’s likely more will follow. California remains unique, however, and the stakes there got a lot higher with the passage of the Private Attorneys General Act (PAGA) in 2004 – although that law does include one provision that can significantly reduce the potential for employer liability.