California Court of Appeal

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Home Depot U.S.A., Inc. v. Superior Court, B223184

In plaintiffs' suit against the defendant for alleged failure to provide seating to its employees pursuant to section 1198 and Wage Order 7-2001, defendant's petition for writ of mandate seeking relief from the trial court's denial of its demurrer to plaintiffs' first amended complaint, which contains a claim under the Labor Code Private Attorneys General Act of 2004 (PAGA) is denied where: 1) the first amended complaint alleges that defendant has not provided seating for its employees, even though there is ample space behind each counter/cashier to sallow for a stool or seat, and the seating requirement of Wage Order 7-2100 clearly prohibits such conduct; and 2) the default remedy penalties, viewed as supplements to the section 20(A) of the wage order penalties, are not excessive or improper.

Appellate Information

  • Decided 12/22/2010
  • Published 12/22/2010

Judges

  • MANELLA

Court

  • California Court of Appeal

Counsel

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