A recent court decision on the availability of seating at work suggests the best approach may be to just offer everyone a chair. It seems employees sue without actually requesting a place to sit down.
Recent case: Several employees sued Bank of America, alleging that it didn’t provide the “suitable seats” required by Wage Order 7-2001-14.
It states, “All working employees shall be provided with suitable seats when the nature of their work reasonably permits the use of seats.”
The trial court originally dismissed the case because the employees hadn’t specifically requested seats. The 9th Circuit reinstated their lawsuit, concluding that the law says nothing about requesting the seats.
It merely states that employees “shall be provided with suitable seats” when that’s reasonable. (Green, et al., v. Bank of America, No. 11-56365, 9th Cir., 2013)