Not only are we in the midst of an election year in which the tone of debate is often harsh and personal but culture warriors are ubiquitous in the media, thrashing about over immigration, race, same-sex marriage, transgender restroom use, sexual assault, religious fanaticism – the list continues to grow. How much do employers have to worry about when these debates are carried into the workplace?
The California Supreme Court recently established the right of California employees to sit down on the job. The court was interpreting an obscure and rarely-enforced (until now) provision of California's wage orders that requires employers to provide employees with "suitable seats" when the nature of their work reasonably permits the use of seats. This ruling likely will leave many employers vulnerable to lawsuits under the Private Attorneys General Act for not providing seats for their employees.