SAN FRANCISCO Bank of America tellers did not have an affirmative obligation to ask for seats before bringing a private attorney general action over "suitable seating," the U.S. Court of Appeals for the Ninth Circuit ruled Wednesday in an unpublished memorandum opinion.
The ruling in Green v. Bank of America, 11-56365, resolves a narrow issue in a burgeoning area of employment law. Banks, grocers and retailers are facing suits under California’s Private Attorney General Act all over the state for alleged violations of Industrial Welfare Commission Wage Order 7-2001. The order states that "all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats."
