Nykeya Kilby, Plaintiff and Appellant v. Cvs Pharmacy, Inc., Defendant and Respondent. and Consolidated Case

Summary

The court answered three certified questions concerning California's suitable-seating wage-order provisions. It held that the inquiry focuses on actual tasks grouped by location, applies an objective totality-of-the-circumstances standard, and places the burden on the employer to prove that suitable seating is unavailable when the nature of the work permits sitting. The court also held that business judgment and workplace layout are relevant but not dispositive, while individual employee characteristics are not relevant.