Employees and the Right to Be Seated

Anyone who works a job that requires long stretches of standing knows that lower back pain and leg cramps are common health-effects. Now comes this path-breaking ruling from the Ninth Circuit, the most pro-worker federal appeals court in the U.S. A panel of judges has cleared the way for employees of Wal-Mart Stores Inc, CVS Pharmacy Inc and JPMorgan Chase Bank to proceed with lawsuits claiming the retail and banking giants violated state law by not providing them with seating. The jobs in question involve cashiering functions.

This follows a ruling from the California Supreme Court in April, ruling the same way for employees at CVS and JPMorgan. A state regulation requires employers to provide seating "when the nature of the work reasonably permits" applies to most workers, even those who spend most of their shift on their feet.

Unions used to bargain working conditions. Now, they represent less than 6% of the private sector. That won’t stop them from seeking better pay and working conditions. Expect more of these court rulings.