Los Angeles partner Kate Gold was recently quoted in the San Fernando Valley Business Journal in an article titled, “State High Court May Require Sitting on the Job.”

The California Supreme Court recent ruling in Kilby v. CVS Pharmacy Inc. looked at the state wage orders’ requirement that employees must be provided with suitable seats when the nature of work reasonably permits seats. The court determined that if the tasks being performed reasonably permit seating and a seat would not interfere with performance of any other tasks that may require standing, a seat is called for.

Kate stated that an employer bears the burden of demonstrating it is entitled to be excused from the seating requirement, and is based on the nature of the work. “According to the California Supreme Court an employer that seeks to be excused from the seating requirement in the wage orders bears the burden of showing that compliance would not be feasible because no suitable seating is possible due to the nature of the work,” Kate said.