Supreme Court of California

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Kilby v. CVS Pharmacy, Inc., 215614

In response to certified questions from the Ninth Circuit Court of Appeals involving California wage order requirements that an employer provide suitable seating for employees under certain circumstances, Cal. Code Regs., tit. 8 sections 11040, subd. 14(A): 1) the "nature of the work" refers to an employee's tasks performed at a given location for which a right to a suitable seat is claimed, rather than a "holistic" consideration of the entire range of an employee's duties anywhere on the jobsite during a complete shift; 2) whether the nature of the work reasonably permits sitting is a question to be determined objectively based on the totality of the circumstances; and 3) the nature of the work aside, if an employer argues there is no suitable seat available, the burden is on the employer to prove unavailability.

Appellate Information

  • Decided
  • Published 2016/04/04




  • Supreme Court of California