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Entitled to a chair at work?

For many retails workers, standing all day can really take a toll on your the legs. From aching joints and muscles to painful varicose veins, it can really become difficult to sustain day in and day out. Employers used to be able to require employees to stand for customer service reasons, stating it was more professional. However, this is no longer an assertion that stands on its own. A recent California Supreme Court decision has changed this.

The decision was unanimous in the class action lawsuit brought forth by a former CVS cashier. The class action was not the only one, as there had been several over the past few years brought against corporations with similar settings and requirements. The court ruled that the employer must consider reasonable accommodations for employees such as a chair or stool. Furthermore, employers cannot just require employees to stand simply because it is considered more professional. There must some other very strong reason for this requirement.

It is important to note that the court did state each case must be examined individually and the "totality of the circumstances" evaluated. This decision has the potential to impact millions of retail workers throughout California. If you are an employee who fits this type of situation, consider this new change in case law. Your employer should also be taking careful note of this. If you believe your employer is requiring you to stand all day at work for illegal reasons, consult with an experienced employment law attorney in California as soon as possible.

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