California

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

Lawsuit tried to use California labor law against store

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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."