An appeals court has cleared the way for a lawsuit to proceed against Home Depot, which is accused of not providing seats for employees despite having available space to do so. The litigation was brought by Devon Harris and Lawrence Winston, cashiers who insisted that they should be allowed to sit down while checking out customers at the cash register.

 

The case echoes another one against 99¢ Only Stores. The latter case contends that not making seating available is a violation of the labor code, which requires such accommodations if the nature of the work reasonably permits it or when employees are taking a break.

-Noel Brinkerhoff

 

Home Depot Can't Duck Employee Seating Case (Courthouse News Service)

Home Depot v. Superior Court (Court of Appeal, Second District, California)

Devon Harris and Lawrence Winston v. Home Depot (Superior Court, Los Angeles County) (pdf)

California Court of Appeal Permits Plaintiff to Proceed with Claim for Suitable Seats (Wage and Hour Counsel)