Workers No Longer Have to Stand for It
A landmark California Supreme Court ruling has strengthened workers’ right to a seat on the job. This article explains what the decision means for employees, why prolonged standing is a genuine health concern, and how the ruling protects California workers.
Your Employer Can't Make You Stand All Day
The California Supreme Court has ruled unanimously that employers cannot refuse a worker a place to sit simply because they prefer the employee stand — and that employers must consider the employee's work station, not just their overall duties, when deciding whether to provide a seat.
“There is no principled reason for denying an employee a seat when he spends a substantial part of his workday at a single location performing tasks that could reasonably be done while seated, merely because his job duties include other tasks that must be done standing,” wrote Justice Carol A. Corrigan.
The opinion stemmed from a class-action lawsuit brought by cashiers at CVS drugstores and tellers at JP Morgan Chase Bank who suffered workplace injuries from prolonged standing. The ruling clarifies state labor regulations requiring California employers to provide “suitable seats” when the type of work could reasonably accommodate them.
Chase Bank and CVS contended that the rules call for a “holistic” approach taking the employee's full range of duties into account — arguing that if any part of a worker's job required standing (such as a cashier also stocking shelves), no seat is required. The Court disagreed, calling for an appraisal of the employee's task at particular work stations, such as cash registers or teller windows, and using that assessment to determine whether a worker gets a seat. Employers also can't design a work space to “further a preference for standing,” and must fully consider the feasibility of accommodating a seat.
This is a victory for workers forced to endure grueling hours of prolonged standing simply because of a perception that a standing worker appears more attentive and professional.
Prolonged Standing Can Be Unhealthy
Keeping the body upright takes a great deal of muscular effort. When standing, the supply of blood to the muscles is reduced, which accelerates fatigue and causes pain in the muscles of the legs, back and neck used to maintain an upright position.
Prolonged, frequent standing without relief causes blood to pool in the legs and feet and can inflame the veins, leading to varicose veins. Excessive standing may also cause the joints in the spine, hips, knees and feet to become temporarily immobilized or locked.
The Benefits of Changing Positions
Many people wonder whether it's better to stand or sit at work. There is no single answer, but greater flexibility and a wider range of body positions is clearly beneficial. Changing positions increases the number of muscles involved, equalizes the distribution of weight across the body, reduces strain on individual muscles and joints, and improves blood supply to the working muscles.
The Firm Is Dedicated to Protecting Workers
For more than three decades, the attorneys at Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP have fought for the rights of workers injured on the job. We see the devastating effects these injuries have on workers and their families — a safe and healthy workplace should be foremost on every employer's mind.
