The United States District Court for the Central District of California recently approved a $700,000 settlement against a major retail clothing company for failure to provide seating in a representative action involving the Private Attorneys General Act of 2004, California Labor Code Section 2698, et seq., (PAGA). Suitable seating for employees is required by California Labor Code Section 1198 and Industrial Welfare Commission Wage Order 7-2001, Section 14. Echavez v. Abercrombie & Fitch Co., Inc., et al., Case No. CV 11-09754-GAF (C.D. Cal. Mar. 23, 2017).

Due to the large settlement in this case, it is likely that other claims of this nature will be filed against employers in California. Therefore, employers should have their seating policies and practices reviewed to avoid noncompliance with these rules.