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California workplace seating and sitting laws - What are my rights to sit down at work?

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Does the company have to allow me to sit down in California?

California law states that almost all workers in California have to be provided a place to sit while working.  If your company doesn't allow you to sit while you are work - at any time (not counting during rest breaks and meal breaks), then most likely the company is violating California law.  What you are going to see is that there are very, very few jobs in California where the company doesn't have the duty to provide you a place to sit down. 
 
In this article, I explain what the rights to seating are for almost every worker in California. Under California law, the right to seating at work is contained in the Wage Orders. There are 16 separate Wage Orders for different industries in California.
 
For example, warehouse workers are covered under Wage Order 9 - Transportation workers. Restaurant workers and hotel workers are covered under Wage Order 5 - Public Housekeeping Industry. And manufacturing employees and factory employees are covered under Wage Order 1 - Manufacturing Industry.
 
Whatever industry that you work in - in this article I lay out what your rights to have seating at work are and/or to sit at work. Thus, if you scroll down, you will find what the seating laws in California are your job/ your employer.
 
 

In this article, our California Wage lawyers discuss seating for California employees.  We answer the following questions and/or cover the following issues relating to your right to sit while you work: 

  Can I file a lawsuit and recover money if I'm not provided seating at work? 

  Does the company have to allow me to sit down in California? 

  Seating for California employees

  Rights to sit while at work

  What are my rights to sit while working?

What money can I get if I’m not provided a seat at work under California law? (What am I owed if my employer doesn't allow me to sit at work?)

California wage and working condition laws

Your employer must provide suitable seating with the nature of the work permits the use of seats

How has the California Supreme Court interpreted my rights to seating?

What if my work performance is not affected by my sitting down while I work?

What if some of my work tasks require standing?

Who has to pay for my seat at work?

Must the employer make reasonable changes to the workplace so I can sit while working?

Who has the burden of proving whether seating is unreasonable for the nature of my work?

How long do I have to bring a seating lawsuit in California?  Suitable seating statute of limitations

Does my employer satisfy their duty to provide me with seating by saying that I can sit during rest breaks and/or meal breaks?

My employer says that I can never sit down while I'm at work, is this legal?

It’s in the Wage Orders - your rights to sit at work are contained in the California Wage Orders

Manufacturing employees: Wage Order 1 - Do manufacturing employees and factory employees have the right to sit while they work?

What are the company’s responsibility to provide seating to workers in manufacturing facilities and/or factories?

How does this play out in the real world?

Personal Services Industry: Wage Order 2 and Seating - Are employees in the beauty industry entitled to sit while working?

What are the employer’s responsibility to provide seating in  beauty salons, barber shops, health clubs and/or massage businesses?

Wage Order 3 and the Canning, Freezing, and Preserving Industry - What are employees in the Canning, Freezing, and Preserving Industry rights to seating?

What are the employer’s responsibility to provide seating in workers in the canning and/or freezing industry?

Wage Order 4 - Professional, Technical, Clerical, Mechanical, and Similar Occupations... cashiers, checkers, clerks, guards, machine operators, models, nurses, cleaners, tellers... rights to sit while working? ...

What are the company’s responsibility to provide seating to clerks, checkers, cashiers, medical technicians, dental technicians, models, nurses, and/or packagers?

Wage Order 5 - Public Housekeeping Industry - What are restaurant workers, cafeteria workers, cashiers, hotels, desk clerks, rest homes and the like - rights to sit at work?

Wage Order 6 - Laundry, Linen Supply, Dry Cleaning and Dyeing Industry - What are laundry workers, linen workers, dry cleaning workers - rights to seating or sit at work?

Wage Order 7 - Mercantile Industry - What are retail store workers, clothing store workers, clerks, sales people, stockers - rights to seating or sit at work?

Wage Order 8 Industries Handling Products After Harvest - What are packers, shuckers, agricultural pickers, shellers, and the like rights to seating or sit at work?

Wage Order 9 - Transportation workers - What are transportation workers, warehouse workers, pickers, sorters, conveyor workers - rights to seating or sit at work?

Wage Order 10 - Amusement and Recreation Industry - What are amusement workers and recreation workers - ticket takers, amusement park workers, theater workers, movie theater workers and the like - rights to sit down at work and/or seating at work?

Seating laws for employees of California sports teams

Seating laws (wages, hours and working conditions)  of employees of amusement parks

What if I work for a County Fair (such as the Del Mar Fair, San Diego County Fair,  22nd Dist. Agricultural Assn.) or one of the other “public” fairs in California?

Wage Order 12 - Motion Picture Industry - What are motion picture industry, movie industry, film industry, gaffers, set designers, actors, actresses, runners, key grips, grips, set decorators, makeup artists, film crew workers, movie crew workers and the like rights to sit at work and/or seating at work?

Wage Order 13 - Industries Preparing Agricultural Products for Market, on the Farm - What are farm workers, agriculture workers, dairy workers, poultry workers packing plants and the like rights to sit at work and/or seating at work?

Wage Order 14 - Agricultural workers What are  farm workers, agriculture workers, dairy workers, poultry workers packing plants and the like rights to sit at work and/or seating at work?

 

 

Why is Bill Turley asked to testify concerning wage law legislation at the California State Senate and the California Assembly?

Bill Turley - testifies on PAGA laws - What are my right to seating at work?

A No B.S. straight-shooter lawyer

Believe it or not, Bill Turley is known for being a no B.S. straight-up lawyer. Besides being known as one of the leading experts on this area of the law in California, one of the reasons why Bill is asked to testify at legislature hearings is because he is known for being straight-forward and blunt. He is known for being no B.S., with no lawyer-talk, no double-talk.
 
Can I file a lawsuit and recover money if I'm not provided seating at work? 

Yes, Under California law you can file a lawsuit and recover money if  you're not provided seating at work.  In this article I discuss the seating requirements for almost all employers in California. In the next section, I discuss the kind of money that you can recover if  your employer and/or the company doesn't provide you "suitable seating."  

Does the company have to allow me to sit down in California? ....Seating for California employees... Rights to sit while at work.... What are my rights to sit while working?

The short answer is that for most every worker in California, you have the right to sit down while at work. Not to suggest that if you have a job that requires standing, that you can sit all day long and kick back and not work. 

But, as I explain in this article, many workers can perform their job while sitting down, at least part of the time. If you're job requires standing and it isn't reasonable to adequately perform the job while sitting down, the company still has a duty to provide you with nearby seating whenever you have down time.  As I explain in this article, almost every job in California has some amount of down time that you're employer must permit you to sit during. 

You may be entitled to serious money if the company doesn't provide suitable seating for you and your co-employees.

So I suggest you pull up and chair and find out if you're entitled to money for not being provided suitable seating at work. Pun intended. 

What money can I get if I’m not provided a seat at work under California law? (What am I owed if my employer doesn't allow me to sit at work?) 

 
Under California law, if the company violates one of the provisions in the California Wage Orders you can bring a PAGA lawsuit. Or a Private Attorneys General Act lawsuit.  Under the PAGA laws, you are entitled to $25 for the first pay period per PAGA violation and $50 for each additional pay period per PAGA violation. This is for each aggrieved employee.
 
Two things you are going to see with PAGA violations. First, is that these PAGA penalties add up quickly. Second, when there is one PAGA violation, there are almost always additional PAGA violations and Labor Code violations. Thus, if you haven’t been provided a seat under California law, then most likely the company has violated additional California wage laws and/or “condition of workplace laws.”
 
I know the PAGA laws very well because I helped write the latest changes to the PAGA laws and I have testified before the California State Senate on PAGA.
 
In addition, I wrote the winning brief in the Williams vs. Superior Court - California Supreme Court case that gave workers that bring PAGA lawsuits the rights to get the contact information of the other “aggrieved employees” (read: co-workers).
 
 
Getting my wage case settlement check!

Getting my wage case settlement check!!!


California wage and working condition laws

California wage laws come from two places: the California Labor Code and the California Wage Orders. The California Wage Orders are regulations for California employers that provide the minimum requirements with respect to wages, hours, and working conditions.  There are 16 Wage Orders that cover specific industries. Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833, 838, fn. 6.
 
I cover most of these industries and Wage Orders in this article regarding their duties to provide seating and/or allow their employees to sit while working.
 
The California Wage Orders are liberally construed to protect and benefit employees. Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833, 840, Brinker v. Superior Court (2012) 53 Cal.4th 1004, 1026-1027. 
 
I know the Brinker case very well because I represented the workers in the Brinker case.
 
The California Wage Orders specify the wages, hours and working conditions for California workers. There are 16 Wage Orders for specific industries.
All of the California Wage Orders (other than Wage Order 14 - Agricultural workers and Wage Order 16 - Construction workers have the following language in Section 14 of each respective Wage Order:
 
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
 
(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.


Your employer must provide suitable seating with the nature of the work permits the use of seats

Seating that employers in California must provide to employees:
 
(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. If the tasks being performed at a given location reasonably permit sitting, and provision of a seat would not interfere with performance of any other tasks that may require standing, a seat is called for.
 
(2) Whether the nature of the work reasonably permits sitting is a question to be determined objectively based on the totality of the circumstances. An employer's business judgment and the physical layout of the workplace are relevant but not dispositive factors. The inquiry focuses on the nature of the work, not an individual employee's characteristics.
(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.
Kilby v. CVS Pharmacy, Inc., 63 Cal. 4th 1, 8 (2016).
 
If you have to stand at work, then your employer must provide seats close to where you work and allow you to sit down when it doesn’t interfere with the performance of your duties. 14(B)

“... employees shall be permitted to use such seats...” means that the employer must take two affirmative actions in order to comply with Section 14(B).  First, the employer must provide such seats and second the employer must advise the employees that they can use such seats “when it does not interfere with the performance of their duties.”

How has the California Supreme Court interpreted my rights to seating?

The California Supreme Court held in the Kilby case, that employees who spend a substantial part of the day on job duties that require standing still may be entitled to a seat if other job duties performed at a particular work station reasonably could be performed while sitting.  The court imposed on California employers the burden of proving that, even if a job theoretically could be performed while sitting, there is not available any type of seating that would be suitable, which would absolve the employer of liability.
Kilby v. CVS Pharmacy, Inc., 63 Cal. 4th 1, 24 (2016).
 

What if my work performance is not affected by my sitting down while I work?

If your work is not affected by your sitting down while performing the work - meaning your sitting down does not affect your job performance, then you must be provided with what the law calls “suitable seating.”
 

What if some of my work tasks require standing?

Under California law, employees should not be denied seats even if some of your tasks require standing. While you are performing tasks that do not require standing, if the workplace permits seats. If the workplace doesn’t permit seats, then nearby seating must be provided for you to sit during “down times,” so to speak.
 

Who has to pay for my seat at work?

Your employer must always pay for your seating.
 

Must the employer make reasonable changes to the workplace so I can sit while working?

If your job reasonably permits seating while you work, then your employer has a duty to change the physical layout of the workplace to allow for seating. It is against the law, for your employer to purposely design the work space to make standing more preferable.
 
In other words,  the company can't design your workspace so that you can't sit down in order to do your job. It is is reasonable, the workplace must be designed so you can sit down, at least, for part of your work time. 
 

Who has the burden of proving whether seating is unreasonable for the nature of my work?

The California Supreme Court has held that the employer has the burden of proving that there is no suitable seating for your job.
 

How long do I have to bring a seating lawsuit in California?  Suitable seating statute of limitations 

A "statute of limitations" is basically a law that limits how long you can wait to bring a lawsuit.
 
A case where you sue your employer or company for not providing a place to sit (called "suitable seating lawsuits in California") is brought as a PAGA lawsuit. You can bring a PAGA lawsuit against a current employer. For an ex-employer - you generally have one year in order to file the PAGA lawsuit. 
 
Stated differently, you have one year in order to file your "suitable seating" or unlawful workplace seating lawsuit in California. 
 
However, if you suspect that your ex-employer did not provide you with a place to sit down, seating and/or suitable seating, you have to also serve a PAGA letter. This letter has to lay out the reasons why you believe that you have a PAGA lawsuit. The letter has to be served on the State of California and you have to allow the State of California to take over your case. These are part of the PAGA laws. You have to wait 62 days after you serve the PAGA letter before you can file your PAGA lawsuit. 
 
Thus, I recommend that you serve your PAGA letter such that you aren't waiting for the 62 days to expire when your one year runs. I think you can overcome this issue, but you should avoid this is possible. 
 
Thus, if you suspect that you have an illegal seating lawsuit, you should contact the best, honest wage lawyer as soon as possible. 

Does my employer satisfy their duty to provide me with seating by saying that I can sit during rest breaks and/or meal breaks? 

No. Your employer doesn't get off the seating hook, so to speak, by saying that you can sit if you want during rest breaks and/or meal breaks.
 
Your right to sit down at work is not related to sitting during rest breaks and/or meal breaks.
 
Although under California law, you have an absolute right to sit down or even lay down during rest breaks and meal breaks. 
 
California law relating to "suitable seating" is laws that allow you to sit down while you're actually working or when there is a break in the action, so to speak. 
 
Stated differently, California laws allow you to sit down while you're performing your work, if the nature of the work allows you to perform the work while you're sitting down. If the nature of the work requires you to stand, then the employer must provide nearby seating so you can sit down when it doesn't interfere with your work tasks. 
 

My employer says that I can never sit down while I'm at work, is this legal? 

If you're employer says that you can "never" sit while you're at work, then I strongly suggest that you consult with a California wage lawyer.  Based upon my experience, there are very, very few jobs in California that do not require the employer to either provide you a set while you're working or a nearby seat whenever there is a down-time or break in you're work. 
 
There are very few jobs where there isn't a routine break down or down time. Such as when equipment is broke down, repairs are being made, you're waiting for this or you're waiting for that. Whenever there is this downtime, your employer must provide nearby seating in order for you to sit down. 
 
 


It’s in the Wage Orders - your rights to sit at work are contained in the California Wage Orders

In California, the wages, hours and working conditions for California employees are governed by the Wage Orders for different industries.
 
Most Wage Orders have the following requirements for seats:
 
14. SEATS
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.
Wage Order 1, Section 14.


Employees in the following industries have the following rights to sit while working:

Manufacturing employees: Wage Order 1 - Do manufacturing employees and factory employees have the right to sit while they work?

What are the company’s responsibility to provide seating to workers in manufacturing facilities and/or factories?

Factory employees: Wage Order 1

Manufacturing industry employees are covered by Wage Order No. 1.

“Manufacturing Industry” means any industry, business, or establishment operated for the purpose of preparing, producing, making, altering, repairing, finishing, processing, inspecting, handling, assembling, wrapping, bottling, or packaging goods, articles, or commodities, in whole or in part; EXCEPT when such activities are covered by Orders in the: Canning, Preserving, and Freezing Industry; Industries Handling Products After Harvest; Industries Preparing Agricultural Products for Market, on the Farm; or Motion Picture Industry.  Wage Order 1, Section 2(H).
 
First, factory workers and manufacturing company workers have the right to seats “...when the nature of the work reasonably permits the use of seats.” Wage Order 1, Section 14(A).
 
So, if you can reasonable perform your job while making, altering, repairing, finishing, processing, inspecting, handling, assembling, wrapping, bottling, or packaging goods, articles, or commodities - - then the law says your employer must provide you with what the law calls “suitable seating.”
 
Second, if you have to stand while during your job, then the company must provide seats and a place to sit and permit you to sit when sitting doesn’t interfere with your duties. For example, when there is a break in the action, so to speak. 
 
Meaning, when the assembly line is down, or equipment is being cleaned or repaired, or you waiting to parts.  There are very, very few jobs where there are not "down times" at least some time during the work week. Try as the company might, there are almost always some times in every job where you're not actually working. We're not talking about rest breaks and meal breaks. We're talking about there usually always some amount of "non-productive" time in every job. It is during these times that the company must provide you nearby seats and permit you to sit while you are not actually "working." 
 

How does this play out in the real world? 

 
If the company doesn't provide you with any seating, either while you are actually working or during these occasional "down times" then the company is in violation of  the California Wage Order.  This can be for a current employer or for an ex-employer. 
 
 

Personal Services Industry: Wage Order 2 and Seating - Are employees in the beauty industry entitled to sit while working?

What are the employer’s responsibility to provide seating in  beauty salons, barber shops, health clubs and/or massage businesses?

“Personal Service Industry” means any industry, business, or establishment operated for the purpose of rendering, directly or indirectly, any service, operation, or process used or useful in the care, cleansing, or beautification of the body, skin, nails, or hair, or in the enhancement of personal appearance or health, including but not limited to beauty salons, schools of beauty culture offering beauty care to the public for a fee, barber shops, bath and massage parlors, physical conditioning, weight control salons, health clubs, and mortuaries.
Wage Order 2, Section 2 (J).
 
Employees in the personal services industry are entitled to seats “...when the nature of the work reasonably permits the use of seats.” Wage Order 2, Section 14(A).
 
Further, if you have to stand while you work and the nature of your job doesn’t reasonably permit the use of seats, then when you have a break in the action - so to speak, then your employer must provide seating and permit you to sit down when it doesn’t interfere with your job.
 
For instance, if you work in beauty salon, health club or massage business and you normally have to stand while you work, when there are no customer or there is time between customers than the employer must provide seating nearby and permit you to sit down.


Wage Order 3 and the Canning, Freezing, and Preserving Industry - What are employees in the Canning, Freezing, and Preserving Industry rights to seating?

What are the employer’s responsibility to provide seating in workers in the canning and/or freezing industry?

“Canning, Freezing, and Preserving Industry” means any industry, business, or establishment operated for the purpose of canning soups, or of cooking, canning, curing, freezing, pickling, salting, bottling, preserving, or otherwise processing any fruits or vegetables, seafood, meat, poultry or rabbit product, when the purpose of such processing is the preservation of the product and includes all operations incidental thereto. Wage Order 3, Section 2(B).
 
Workers in the Canning, Freezing, and Preserving Industry have the right to sit at work, “...when the nature of the work reasonably permits the use of seats.” Wage Order 3, Section 14(A).
 
In addition, if the nature of your job doesn’t reasonably permit the use of seats, then when you have a break in the action - so to speak, then your employer must provide seating and permit you to sit down when it doesn’t interfere with your job.
 

Wage Order 4 - Professional, Technical, Clerical, Mechanical, and Similar Occupations... cashiers, checkers, clerks, guards, machine operators, models, nurses, cleaners, tellers... rights to sit while working? ...

What are the company’s responsibility to provide seating to clerks, checkers, cashiers, medical technicians, dental technicians, models, nurses, and/or packagers?

 
There are a lot of jobs and/or industries that are covered by Wage Order 4:
 
Professional, Technical, Clerical, Mechanical, and Similar Occupations  includes professional, semiprofessional, managerial, supervisorial, laboratory, research, technical, clerical, office work, and mechanical occupations. Said occupations shall include, but not be limited to, the following: accountants; agents; appraisers; artists; attendants; audio-visual technicians; bookkeepers; bundlers; billposters; canvassers; carriers; cashiers; checkers; clerks; collectors; communications and sound technicians; compilers; copy holders; copy readers; copy writers; computer programmers and operators; demonstrators and display representatives; dispatchers; distributors; door-keepers; drafters; elevator operators; estimators; editors; graphic arts technicians; guards; guides; hosts; inspectors; installers; instructors; interviewers; investigators; librarians; laboratory workers; machine operators; mechanics; mailers; messengers; medical and dental technicians and technologists; models; nurses; packagers; photographers; porters and cleaners; process servers; printers; proof readers; salespersons and sales agents; secretaries; sign erectors; sign painters; social workers; solicitors; statisticians; stenographers; teachers; telephone, radio- telephone, telegraph and call-out operators; tellers; ticket agents; tracers; typists; vehicle operators; x-ray technicians; their assistants and other related occupations listed as professional, semiprofessional, technical, clerical, mechanical, and kindred occupations. Wage Order No. 4, Section O.
 
The California Supreme Court case - Kilby vs. CVS, concerned cashiers that worked are retail stores. Thus, either Wage Order 4 or Wage Order 7 was involved.
 
Both Wage Order 4 and Wage Order 7 have the same requirement for employee seating: First, workers have the right to sit at work, “...when the nature of the work reasonably permits the use of seats.” Wage Order 4, Section 14(A); Kilby v. CVS Pharmacy, Inc., 63 Cal. 4th 1, 16 (2016).
 
Second, workers covered under Wage Order 4 - such as clerks, checkers, cashiers, medical technicians, dental technicians, models, nurses, and/or packagers - that have jobs that require standing -  and the nature of your job doesn’t reasonably permit the use of seats, then when you have a break in the action - so to speak, then your employer must provide seating and permit you to sit down when it doesn’t interfere with your job.
 
There are very, very few jobs that don't have occasional "down times" that would allow workers to sit while at work. 
 

Wage Order 5 - Public Housekeeping Industry - What are restaurant workers, cafeteria workers, cashiers, hotels, desk clerks, rest homes and the like - rights to sit at work?


Public Housekeeping Industry  means any industry, business, or establishment which provides meals, housing, or maintenance services whether operated as a primary business or when incidental to other operations in an establishment not covered by an industry order of the Commission, and includes, but is not limited to the following:
 
(1) Restaurants, night clubs, taverns, bars, cocktail lounges, lunch counters, cafeterias, boarding houses, clubs, and all similar establishments where food in either solid or liquid form is prepared and served to be consumed on the premises;
(2) Catering, banquet, box lunch service, and similar establishments which prepare food for consumption on or off the premises;
(3) Hotels, motels, apartment houses, rooming houses, camps, clubs, trailer parks, office or loft buildings, and similar establishments offering rental of living, business, or commercial quarters;
(4) Hospitals, sanitariums, rest homes, child nurseries, child care institutions, homes for the aged, and similar establishments offering board or lodging in addition to medical, surgical, nursing, convalescent, aged, or child care;
(5) Private schools, colleges, or universities, and similar establishments which provide board or lodging in addition to educational facilities;
(6) Establishments contracting for development, maintenance or cleaning of grounds; maintenance or cleaning of facilities and/or quarters of commercial units and living units; and
(7) Establishments providing veterinary or other animal care services.
Wage Order 5 Section 2(P).
 
First, workers in the Public Housekeeping Industry - restaurant workers, cafeteria workers, cashiers, hotels, desk clerks, rest homes and the like - have the right to sit at work, “...when the nature of the work reasonably permits the use of seats.” Wage Order 5, Section 14(A).
 
Second, workers covered under Wage Order 5  - restaurant workers, cafeteria workers, cashiers, hotels, desk clerks, rest homes and the like - that are required to stand during their jobs, and the nature of your job doesn’t reasonably permit the use of seats, then when you have a break in the action - so to speak, then your employer must provide seating and permit you to sit down when it doesn’t interfere with your job.
 

Wage Order 6 - Laundry, Linen Supply, Dry Cleaning and Dyeing Industry - What are laundry workers, linen workers, dry cleaning workers - rights to seating or sit at work? 

Laundry, Linen Supply, Dry Cleaning and Dyeing Industry  means any industry, business, or establishment operated for the purpose of washing, ironing, cleaning, refreshing, restoring, pressing, dyeing, storing, fumigating, mothproofing, waterproofing, or other processes incidental thereto, on articles or fabrics of any kind, including but not limited to clothing, hats, drapery, rugs, curtains, linens, household furnishings, textiles, furs, or leather goods; and includes self-service laundries, self-service dry cleaning establishments, and the collection, distribution, storage, sale, or resale at retail or wholesale of the foregoing services. Wage Order 6, Section 2(H).
 
Workers in the  Laundry, Linen Supply, Dry Cleaning and Dyeing Industry - What are laundry workers, linen workers, dry cleaning workers - have the right to sit at work, “...when the nature of the work reasonably permits the use of seats.” Wage Order 6, Section 14(A).
 
If you have to stand while doing your job and the nature of your job doesn’t allow seating, then when you are not doing your work, then your employer must provide nearby seating and permit you to sit during these “down” times.
 

Wage Order 7 - Mercantile Industry - What are retail store workers, clothing store workers, clerks, sales people, stockers - rights to seating or sit at work?

Mercantile Industry  means any industry, business, or establishment operated for the purpose of purchasing, selling, or distributing goods or commodities at wholesale or retail; or for the purpose of renting goods or commodities. Wage Order 7, Section 2(H).
 
First, workers Mercantile Industry - retail store workers, clothing store workers, clerks, sales people, stockers - have the right to seating or sit at work “...when the nature of the work reasonably permits the use of seats.” Wage Order 7, Section 14(A).
 
Many employees working in the retail industry work cash registers while “ringing up” sales. During these times, the nature of the work would almost always reasonably permit the use of seats.
 
Second, much of the retail work requires you to stand while working. Thus, Wage Order 7 requires the company to provide you with nearby seating so you can sit down whenever it doesn’t interfere with your job.
 
Under this “nearby seating” requirement, it is hard to believe that there are never times when you should not be permitted to sit during a “down time,” so to speak.
 

Wage Order 8 Industries Handling Products After Harvest - What are packers, shuckers, agricultural pickers, shellers, and the like rights to seating or sit at work?

Industries Handling Products After Harvest  means any industry, business, or establishment operated for the purpose of grading, sorting, cleaning, drying, cooling, icing, packing, dehydrating, cracking, shelling, candling, separating, slaughtering, picking, plucking, shucking, pasteurizing, fermenting, ripening, molding, or otherwise preparing any agricultural, horticultural, egg, poultry, meat, seafood, rabbit, or dairy product for distribution, and includes all the operations incidental thereto.  Wage Order 8, Section 2(H).
 
Workers in industries handling products after harvest - packers, shuckers, agricultural pickers, and shellers have the right to seating or sit at work “...when the nature of the work reasonably permits the use of seats.” Wage Order 8, Section 14(A).
 
In addition, if you normally have to stand during your work and the nature of your work doesn’t allow for you to sit while you work, then your employer must provide a nearby seat for you to sit during “down times.”
 
Examples of this type of down time, could be during meetings, while equipment is being cleaned, while equipment is down, while equipment is turned off.
 

Wage Order 9 - Transportation workers - What are transportation workers, warehouse workers, pickers, sorters, conveyor workers - rights to seating or sit at work?

Transportation Industry  means any industry, business, or establishment operated for the purpose of conveying persons or property from one place to another whether by rail, highway, air, or water, and all operations and services in connection therewith; and also includes storing or warehousing of goods or property, and the repairing, parking, rental, maintenance, or cleaning of vehicles.  Wage Order 9, Section 2 (P).
 
First, workers in the transportation industry - warehouse workers, pickers, sorters, conveyor workers - have the right to seating or sit at work “...when the nature of the work reasonably permits the use of seats.” Wage Order 9, Section 14(A).
 
If you’re a warehouse picker, sorter, work at a conveyor belt, etc. then under many circumstances, the nature of your work will reasonably permit you to sit while you work.
 
However, if that isn’t the case (meaning you have to stand while you work), then the company has to provide you with nearby seating and permit you to sit when you aren’t doing your duties that require standing.
 
For example, if the conveyor is being cleaned or the conveyor is being repaired, then you must be allowed to sit during these times.


Wage Order 10 - Amusement and Recreation Industry - What are amusement workers and recreation workers - ticket takers, amusement park workers, theater workers, movie theater workers and the like - rights to sit down at work and/or seating at work?

 
Amusement and Recreation Industry  means any industry, business, or establishment operated for the purpose of furnishing entertainment or recreation to the public, including but not limited to theaters, dance halls, bowling alleys, billiard parlors, skating rinks, riding academies, racetracks, amusement parks, athletic fields, swimming pools, gymnasiums, golf courses, tennis courts, carnivals, and wired music studios. Wage Order 10, Section 2(A).
 
Workers that work in the amusement and recreation industry, amusement workers and recreation workers - ticket takers, amusement park workers, theater workers, movie theater workers and the like - have the right to seating or sit at work “...when the nature of the work reasonably permits the use of seats.” Wage Order 10, Section 14(A).
 
In addition, if you normally have to stand during your work and the nature of your work doesn’t allow for you to sit while you work, then your employer must provide a nearby seat for you to sit during “down times.”
 
Seating laws for employees of California sports teams, such as the Oakland Raiders, San Francisco 49's, Los Angeles Rams, Los Angeles Chargers, Golden State Warriors, Los Angeles Lakers, Los Angeles Clippers, San Francisco Giants, Oakland A’s, Los Angeles Dodgers, Los Angeles Angels, San Diego Padres.
 
Sports teams employees are covered by Wage Order 10.  For example, the cheerleaders of a sports team, are covered by Wage Order 10.  
 
 
Seating laws (wages, hours and working conditions)  of employees of amusement parks such as Disneyland, Knott’s Berry Farm, Universal Studios, Six Flag, Magic Mountain, Legoland, SeaWorld, Gilroy Gardens, Santa Cruz Beach Boardwalk, Pacific Park, Belmont Park, Castle Park, Knott’s Soak City, Boomerang Bay, Balboa Fun Zone, Raging Waters, and Wild Rivers and many other amusement parks in California.
 
In amusement park cases that we have been involved with, the amusement parks regularly violate the wages, hours and working conditions of their employees,. This includes not following California's seating laws. 
 
Amusement park workers fall under Wage Order 10. 
 

What if I work for a County Fair (such as the Del Mar Fair, San Diego County Fair,  22nd Dist. Agricultural Assn.) or one of the other “public” fairs in California? 

Wage Order 10 specifically excludes public employees. Which would include employees for "public" fairs in California.  However, you may also have a joint employer situation.
 
Joint employment is also recognized under California law. “Joint employment occurs when two or more persons engage the services of an employee in an enterprise in which the employee is subject to the control of both.” In-Home Supportive Services v. Workers' Comp. Appeals Bd. (1984) 152 Cal.App.3d 720, 732.
 
“‘Employ’ means to engage, suffer, or permit to work.” Wage Order 10 Section 2(E). An “‘[e]mployee’ means any person employed by an employer” and an “‘[e]mployer’ means any person … who … employs or exercises control over the wages, hours, or working conditions of any person.” Wage Order 10 Section 2(F) abd 2(G). Morales v. 22nd Dist. Agricultural Assn., 1 Cal. App. 5th 504, 543 (2016). 
 
In the Morales case, the court allowed the workers to amend their complaint in order to bring into the case non-public joint employers in order to bring Wage Order 10 violations. Morales v. 22nd Dist. Agricultural Assn., 1 Cal. App. 5th 504, 543 (2016). 
 

Wage Order 12 - Motion Picture Industry - What are motion picture industry, movie industry, film industry, gaffers, set designers, actors, actresses, runners, key grips, grips, set decorators, makeup artists, film crew workers, movie crew workers and the like rights to sit at work and/or seating at work?

 
Workers that work in the motion picture industry and film industry – such as gaffers, set designers, actors, actresses, runners, key grips, grips, set decorators, makeup artists, film crew workers, movie crew workers and the like -- have the right to seating or sit at work “...when the nature of the work reasonably permits the use of seats.” Wage Order 12, Section 14(A).
 
In addition, if you normally have to stand during your work and the nature of your work doesn’t allow for you to sit while you work, then your employer must provide a nearby seat for you to sit during “down times.”
 
Examples of this type of down time, could be during meetings, between scenes, while equipment is down, while equipment is turned off, while waiting on talent, weather, etc.

Motion Picture Industry  means any industry, business or establishment operated for the purpose of motion picture or television film production, or primarily allied with theatrical or television, motion picture productions, including but not limited to motion pictures for entertainment, commercial, religious, or educational purposes, whether made by film, tape, or otherwise. Wage Order 12, Section 2(K).
 
Extra Player  means any person employed by an employer in the production of motion pictures to perform any work, including but not limited to that of a general extra, stand-in, photographic double, sports player, silent bit, or dress extra; or as extras employed in dancing, skating, swimming, diving, riding, driving, or singing; or as extras employed to perform any other actions, gestures, facial expressions, or pantomime. Wage Order 12, Section 2(G).
 

 

It would be rare that employees in the motion picture business/ film business would not have regular down times, where the company would have the duty to provide you with nearby seating. 

Wage Order 13 - Industries Preparing Agricultural Products for Market, on the Farm - What are farm workers, agriculture workers, dairy workers, poultry workers packing plants and the like rights to sit at work and/or seating at work?

 
Industries Preparing Agricultural Products for Market, on the Farm  means any operation performed in a permanently fixed structure or establishment on the farm or on a moving packing plant on the farm for the purpose of preparing agricultural, horticultural, egg, poultry, meat, seafood, rabbit, or dairy products for market when such operations are done on the premises owned or operated by the same employer who produced the products referred to herein and includes all operations incidental thereto. Wage Order 13, Section 2(H).
 
Workers that work on farms, agricultural workers, dairy workers, poultry workers, packing plant workers and the like -  - have the right to seating or sit at work “...when the nature of the work reasonably permits the use of seats.” Wage Order 13, Section 14(A).
 
In addition, if you normally have to stand during your work and the nature of your work doesn’t allow for you to sit while you work, then your employer must provide a nearby seat for you to sit during “down times.”
 
Examples of this type of down time, could be during meetings, while equipment is being cleaned, while equipment is down, while equipment is turned off.
 

Wage Order 14 - Agricultural workers What are  farm workers, agriculture workers, dairy workers, poultry workers packing plants and the like rights to sit at work and/or seating at work?


Employed in an agricultural occupation means any of the following described occupations: 
 
(1) The preparation, care, and treatment of farm land, pipeline, or ditches, including leveling for agricultural purposes, plowing, discing, and fertilizing the soil;  
(2) The sowing and planting of any agricultural or horticultural commodity;  
(3) The care of any agricultural or horticultural commodity; as used in this subdivision, “care” includes but is not limited to, cultivation, irrigation, weed control, thinning, heating, pruning, or tying, fumigating, spraying, and dusting;  
(4) The harvesting of any agricultural or horticultural commodity, including but not limited to, picking, cutting, threshing, mowing, knocking off, field chopping, bunching, baling, balling, field packing, and placing in field containers or in the vehicle in which the commodity will be hauled, and transportation on the farm or to a place of first processing or distribution;  
(5) The assembly and storage of any agricultural or horticultural commodity, including but not limited to, loading, road siding, banking, stacking, binding, and piling;  
(6) The raising, feeding and management of livestock, fur bearing animals, poultry, fish, mollusks, and insects, including but not limited to herding, housing, hatching, milking, shearing, handling eggs, and extracting honey;  
(7) The harvesting of fish, as defined by Section 45 of the Fish and Game Code, for commercial sale;  
(8) The conservation, improvement or maintenance of such farm and its tools and equipment.  Wage Order 14, Section 2(D).
 
Farm workers and agricultural workers that are working at or on a machine, “When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for employees working on or at a machine.” Wage Order 14, Section 14.
 
In addition, if you normally have to stand during your work and the nature of your work doesn’t allow for you to sit while you work, then your employer must provide a nearby seat for you to sit during “down times.”
 
Examples of this type of down time, could be during meetings, while equipment is being cleaned, while equipment is down, while equipment is turned off.
 
 

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This article isn't legal advice
 
These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation. Every case is different. There are any number of reasons why class actions are not certified, not won and/or PAGA actions are not successful.
 
Just because we have gotten great results in so many other unpaid wage cases, doesn't guarantee in particular result in other cases. Including, your wage case. Every case is different. In other words, your mileage may vary.
William Turley
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“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”
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