If you work in retail or any other type of job where you feel like you have to sit all day, there may be relief for you after a recent California class action decision. For many workers like you, standing is not always necessary for your job. Pharmacy chains, grocery stores and other retail giants often have workers stand at cash registers or while doing other retail tasks. However, it may not always be necessary even from a customer service standpoint. That is why case law has changed in California.
After multiple class action lawsuits surrounding the same standing at work issue, the California Supreme Court came down with a unanimous decision early April. In a nutshell, the ruling found the "totality of the circumstances" must be considered in each case whether an employer can require an employee to stand. Just the reason of better customer service alone is not enough. Depending on the specific circumstances for each individual employee, the employer may have to provide reasonable accommodations.
Standing at work all day can be especially painful and even a health risk for pregnant employees as well as those with other medical conditions such as varicose veins, DVTs and other potentially painful leg conditions. If you are a retail worker who believes your employer is unlawfully requiring you to stand at work, then it is important to seek experienced employment law counsel.
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