Forced to stand all day at work? - Keller Grover (2024)

Forced to stand all day at work? - Keller Grover (1)

Forced to stand all day at work?

Are you entitled to seating under California law?

Are you entitled to penalties for inadequate seating?

If you think you should have been provided with seating, call us at 1-800-535-5291Your call will be free and confidential

Are you a bank teller, retail cashier, ticket taker, receptionist or other California worker who has been forced to stand in one of your work areas because no suitable seat has been provided?

If so, California law protects you.

California law requires your employer to provide you with a suitable seat if the nature of your work would allow the use of seats. This applies to all of the areas where you work. Even if your duties for most of the day require you to stand, the California Supreme Court ruled in Kilby v. CVS Pharmacy, Inc. that if there is a workstation or work area where the work you are doing would allow you to sit down, your employer must provide you with a suitable seat at that workstation.

And even if the nature of your work requires you to stand, your employer must place an adequate number of suitable seats near you so that you and your colleagues can sit down when sitting won’t interfere with your ability to perform your duties.

If your employer has failed to provide a suitable seat for you, you may be able to assert a claim for penalties under the California Private Attorneys General Act (PAGA). The penalties can be as high as $100 per employee per pay period for the first violation and as high as $200 for each additional violation. The PAGA penalties are split between employees and the state, with the state receiving 75%. You may also be able to help your co-workers if they also have suffered from a lack of the suitable seating that the law requires. Employers such as Walmart, CVS Pharmacy, Rite Aid, Bank of America, Walgreens, Safeway, and Target have settled suitable-seating cases for amounts ranging from $9 million to $65 million. Those results are illustrative only. Your results would depend on the unique facts and circ*mstances of your situation.

Find out if you qualify to bring a California suitable seating case by filling out the form on this page for a FREE case evaluation. It’s absolutely free to find out, so act now!

This is a legal advertisem*nt by Keller Grover LLP

Fill out the form on this page for a FREE case evaluation.

    ATTORNEY ADVERTISING
    The choice of a lawyer is an important decision and should not be based solely on advertisem*nts.

    Counsel responsible for this advertisem*nt include Eric A. Grover at:

    Keller Grover LLP
    415-543-1305

    PAID ATTORNEY ADVERTIsem*nT: THIS WEB PAGE IS AN ADVERTIsem*nT.The information contained herein is not legal advice. Any information you submit to Keller Grover LLP does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit time-sensitive information or information that you wish to keep confidential. Instead, please contact us directly regarding any such matters. All photos are of models and do not depict clients.

    The foregoing is meant to be a general summary of the applicable law. Your specific case would depend upon the facts and circ*mstances applicable to you and your employer.

    By using this website, you accept the following terms of use.

    1. Materials on this website are for general information only and are not intended to be legal advice for your specific problem.
    2. Laws and courts’ interpretations of those laws can change frequently. The articles provided on this website were written at a specific point in time and are not updated. Thus, you should not rely on any specific statement therein or elsewhere on this website as necessarily setting forth the current state of the law.
    3. Legal outcomes can depend upon the specific facts of each case. Thus, there can be no assurance that the information on this website is applicable to your specific situation. You always should rely on the advice of a licensed attorney who is advising you regarding the specific facts of your case over any general information that you have obtained here.
    4. You may wish to consult with Keller Grover LLP regarding your legal problem. Nevertheless, neither sending us an email or other electronic communication nor contacting us by telephone can by itself create an attorney-client relationship between us. Rather, until we have signed a legal services agreement with you, we do not represent you and are not your legal counsel. Any information that you receive before we have signed a legal services agreement is provided solely as a courtesy. Further, any such information may not be based upon all facts relevant to your problem.
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    Forced to stand all day at work? - Keller Grover (2024)

    FAQs

    Are we forced to work overtime? ›

    A. Yes, in general an employer may dictate the employee's work schedule and hours. Additionally, under most circ*mstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

    Why is my job giving me less hours? ›

    Employers cut hours for a variety of reasons. This may be because the job role you fulfill is no longer necessary as a full-time position, or it could be because they need to budget better and, therefore, they need to reduce some employees' hours.

    Can I say no to overtime? ›

    Yes, mandatory overtime is legal, and in general, employees cannot refuse to work overtime. The FLSA doesn't put a limit on how many hours of overtime an employee can work — it only stipulates that employers must pay minimum wage for regular hours and overtime rates when an employee works over 40 hours a week.

    How to avoid forced overtime? ›

    Employees can avoid mandatory overtime by: Understanding their employer's policies on overtime work. This may involve reviewing the employee handbook or policy manual, speaking to a supervisor or HR representative, and asking any questions they may have. Negotiating terms during the hiring process.

    Am I being set up to fail at work? ›

    Hypercritical Behavior: If your boss suddenly becomes overly critical of your mistakes, it might signal a problem. Micromanagement: Constant scrutiny and a lack of trust can hamper your performance and morale. Work Assignments Dwindle: When your boss stops assigning work, it can become a self-fulfilling prophecy.

    What to do if I'm not getting enough hours at work? ›

    Be professional: When asking for more hours, it's important to be polite and professional. Start by approaching your supervisor or manager and expressing your interest in working more hours. Give them specifics in a constructive way.

    What to do if your boss is overworking you? ›

    Here are several steps you can take to tell your boss you have too much work:
    1. Schedule a meeting with your boss. ...
    2. Prepare what you are going to say. ...
    3. Provide specific examples. ...
    4. Offer thoughtful solutions. ...
    5. Offer to help in smaller ways. ...
    6. Consider your goals. ...
    7. Remain calm.

    Why is mandatory overtime a thing? ›

    Pros and cons of mandatory overtime

    Mandatory overtime can help employers increase productivity during times of high demand. It also allows nonexempt employees to earn more money each pay period. However, because workers are paid at a higher rate, mandatory overtime raises an employer's payroll costs.

    What's the longest shift you can legally work? ›

    What is the Longest Shift You Can Legally Work? OSHA does not currently regulate extended and unusual work shifts. There is no limit on the number of hours the adult employee may be required to work. The decision to work employees in 8-hour shifts, 12-hour shifts, 16-hour shifts, etc., is at the employer's discretion.

    Is it pointless to work overtime? ›

    Working overtime can be a great way to prove your dedication to your role and company while also earning higher pay. Before you commit to overtime work, however, you should make sure you're maintaining a healthy work-life balance and that your overtime will be productive.

    Can you work 4 to 10 hour days in California? ›

    These schedules also permit nonexempt employees to work more than eight hours in a day without incurring daily overtime. Common examples of alternative workweek schedules are the 4/10 (employees work four 10-hour days in a workweek) or the 9/80 (employees work 80 hours in nine days over two workweeks).

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