California “Suitable Seating” – the Legal and Ergonomics Landscape [Webinar Recording]

On Tuesday, May 3, 2016, Andrew J. Sommer (employment law partner at Conn Maciel Carey) and Brandy Ware (PhD Ergonomist and Principal at JFAssociates) presented a webinar about the legal and practical implications of California’s “Suitable Seating” law and litigation landscape.

In advance of the webinar, the employment attorneys at Conn Maciel Carey and the Ergonomics Experts at JFAssociates co-authored a detailed article about the California Supreme Court’s new, significant opinion that changed the landscape of California’s suitable seating in the workplace requirements.  Specifically, the new ruling places the question of whether the “nature of the work reasonably permits the use of seats” squarely at the center of a new cottage industry of class and collective action lawsuits in California.

This joint webinar by Conn Maciel Carey’s Employment Law Practice and the leading ergonomics experts at JFAssociates reviewed:

  1. The California legislation that mandates suitable seating;
  2. The First wave of law suits invoking the suitable seating requirements;
  3. The California Supreme Court’s recent decision and what it means for the future of suitable seating cases; and
  4. Practical and expert witness strategies to avoid and defend against suitable seating law suits.

Here is a link to a recording of the joint suitable seating webinar.

Article: California Supreme Court Ruling on Suitable Seating: Legal and Ergonomics Perspectives

By Andrew J. Sommer, Esq. and Brandy Farris Ware, PhD, CPE, CSSBB

A recent California Supreme Court ruling provides crucial new guidance on how courts should weigh the evidence in so-called “suitable seating” cases, which employee litigants are bringing under the state requirement that employers provide seats to workers where the nature of their work “reasonably permits” the use of seating.

This is a key emerging issue for the Golden State’s business community, with a new cottage industry of lawsuits stemming from a state appellate court decision several years ago allowing “suitable seating” litigation under the California Private Attorney General Act (PAGA). The ruling encouraged new lawsuits because penalties as well as attorney’s fees and costs may be awarded under PAGA.

The California Supreme Court handed down an opinion April 4, 2016 in response to questions posed by two federal lawsuits, setting out new ground rules for what actually constitutes “suitable seating” under the law. Suitable SeatingEmployers with locations in California are well-advised to evaluate their work environments in light of these latest developments and consider the need for workplace safety experts to assess their individual circumstances. Not only can such evaluations, based on the new Supreme Court guidance, help employers head off litigation (or at least reach a favorable outcome if sued), they also can lower other risk factors and costs like worker’s compensation.

The Court adopted a fact-based approach that depends not on the entire job, but on Continue reading