Home Depot v. Super. Ct.

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Filed 1/10/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR HOME DEPOT U.S.A., INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, B223184 (Los Angeles County Super. Ct. No. BC415774) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] Respondent; DEVON HARRIS et al., Real Parties In Interest. THE COURT:* It is ordered that the opinion filed herein on December 22, 2010 be modified as follows: On page 8, line 4, delete the section title following 1. and substitute: Violations of the Seating Requirement Contravene Section 1198 On page 12, line 18, delete the two sentences following the sentence ending with Home Depot s contention and substitute the following sentence: The seating requirement of Wage Order 7-2001, though framed as an affirmative standard of reasonable conduct, clearly prohibits employers from failing to provide suitable seating to employees under the conditions specified in the wage order. The petition for rehearing by Petitioner Home Depot U.S.A., Inc. is denied. The modification does not change the judgment. _________________________________________________________________ *WILLHITE, Acting P. J., MANELLA, J., SUZUKAWA, J. 2