Free Enterprise - The FindLaw Small Business Law Blog

Are Walmart Cashiers Entitled to Sit Down?

Employees already complain that going to work is a pain, especially when they have to stand up for long hours. Many workers are fed up, and have filed a host of class action lawsuits to gain the right to use a chair to sit during their shifts in instances where it is work appropriate.

Are workers legally entitled to sit down? A lawsuit by Walmart cashiers seeks to ensure that the answer to this question is "Yes."

Take a Seat -- Going to Trial

Recently, a federal judge ruled that a trial is necessary to decide whether Walmart cashiers are entitled to take a seat while doing their jobs. Walmart had tried to get a judge to dismiss a part of this class action case, but to no avail. Now that another similar case has been resolved in Kilby vs. CVS, the federal judge is ready to move forward in the case.

Walmart may have a tough road ahead of them to prove cashiers should not be allowed to sit down. In the CVS case, the judge determined workers are entitled to sit down when their jobs permit it. Walmart cashiers will now try to prove their jobs can be done just as well sitting as standing, which was the standard established in the CVS case. Walmart, on the other hand, will try to prove that it is impossible to be a cashier just as well from a seated position as a standing. As you can imagine, this will require the review of many facts and opinions, and that's why the judge has allowed this case to go to trial.

Walmart Is No Stranger to Class Acton Lawsuits From Its Workers

Though workers have many broad workplace rights, they have few specific ones, and these rights, both state and federal, are often left to be decided upon in court. Walmart has been subject to many workplace suits over the past decade, paying out over $1 billion to employees and their attorneys.

Recently, Walmart was forced to hand over $640 million in class-action lawsuits to compensate employees for rest breaks and to pay workers for every hour worked. They have also lost class action lawsuits where employees were fighting for the right to unionize, and over gender discrimination. Will this be another victory for Walmart employees? Stay tuned!

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