by Long Island Attorney Paul A. Lauto, Esq.
In an effort to settle a 9 year long lawsuit scheduled to go to trial later this year, Walmart has agreed to pay 65 million dollars subject to federal court approval. The lawsuit was filed against Walmart by employees who claimed that Walmart violated California state law by failing to provide seating for cashiers. As part of the settlement, Walmart has also agreed to now provide seating for its California cashiers.
Under California state law employers must provide seating for employees, "when the nature of the work reasonably permits." Walmart argued that providing cashiers with stools to sit on was a safety hazard and could compromise work production. Further, that cashiers need to stand to pick up and scan large merchandise items and to readily bend down and move as needed to scan other items. Therefore, it was argued, the nature of a cashier's job did not "reasonably" allow for seating. Notwithstanding and seemingly in an effort to avoid the uncertainty of trial, Walmart has agreed to the foregoing settlement which will likely receive court approval.
Similar lawsuits have been brought by employees of CVS, Chase, K-Mart, Home Depot, Bank of America and more. In fact Bank of America recently agreed to a 15 million dollar settlement in a California suitable seating case of their own. Medical studies have long indicated that sitting too long is bad for our health and have even equated sitting to the "new smoking." Additional studies indicate that standing too long is also bad for our health. This begs the question, if given the choice at work, should we stand or sit? Many health professionals say that we should do a combination of both. At least now in California, more employees will have that option.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
In an effort to settle a 9 year long lawsuit scheduled to go to trial later this year, Walmart has agreed to pay 65 million dollars subject to federal court approval. The lawsuit was filed against Walmart by employees who claimed that Walmart violated California state law by failing to provide seating for cashiers. As part of the settlement, Walmart has also agreed to now provide seating for its California cashiers.
Under California state law employers must provide seating for employees, "when the nature of the work reasonably permits." Walmart argued that providing cashiers with stools to sit on was a safety hazard and could compromise work production. Further, that cashiers need to stand to pick up and scan large merchandise items and to readily bend down and move as needed to scan other items. Therefore, it was argued, the nature of a cashier's job did not "reasonably" allow for seating. Notwithstanding and seemingly in an effort to avoid the uncertainty of trial, Walmart has agreed to the foregoing settlement which will likely receive court approval.
Similar lawsuits have been brought by employees of CVS, Chase, K-Mart, Home Depot, Bank of America and more. In fact Bank of America recently agreed to a 15 million dollar settlement in a California suitable seating case of their own. Medical studies have long indicated that sitting too long is bad for our health and have even equated sitting to the "new smoking." Additional studies indicate that standing too long is also bad for our health. This begs the question, if given the choice at work, should we stand or sit? Many health professionals say that we should do a combination of both. At least now in California, more employees will have that option.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
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