Kilby v. CVS Pharmacy, Inc.
Annotate this CaseAt issue in this case was California wage order requirements that an employer provide suitable seating for employees under certain circumstances. In two related federal appeals, the Ninth Circuit certified three questions to the Supreme Court regarding wage orders stating that “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The Court answered the questions as follows: (1) the “nature of the work” refers to an employee’s tasks performed at a given location for which a right to a suitable seat is claimed, and if the tasks being performed at a given location reasonably permit sitting and provision of a seat would not interfere with the employee’s tasks that require standing, a seat is called for; (2) whether the nature of the work “reasonably permits” sitting is a question to be determined objectively based on the totality of the circumstances; and (3) if an employer argues that there is no suitable seat available, the burden is on the employer to show that compliance is infeasible.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.