Judge Rules K-Mart Not Liable For Failing to Provide Seats for Cashiers

Lawsuit tried to use California labor law against store


Kmart is not liable for failing to provide its cashiers in central California with "suitable" seats, a federal judge ruled after a one-week bench trial.

Lisa Garvey sued the store's owner, Sears Holding Management, in April 2011, and the case later morphed into a federal class action against Kmart.

Garvey alleged the big-box store violated California's wage order since Labor Code Section 1198 and Section 14(A) of Industrial Welfare Commission Wage Order 7-2001 provide that: "All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats."