Laura Maechtlen Quoted in Law360
"Employers Buoyed By BofA Judge's Stand On Seating"

Seyfarth Shaw Labor & Employment partner Laura Maechtlen was quoted in Law360 on July 26 in an article regarding a court decision dismissing a proposed class action against Bank of America (BofA). The claim alleged that BofA violated the California workplace rule about having appropriate seating for its bank tellers. According to the article, more than 100 lawsuits have been filed in the last year on this issue.

The plaintiffs argued that the state rule ordered employers to provide seats, regardless as to whether they were actually needed, and bringing a claim was not contingent on actual need to have seats requested. The judge ruled in favor of BofA, stating that because the plaintiffs failed to ask for the seats, their claims were without merit.

Laura commented, "This is one of the first cases we've really seen interpreting the language. This tidal wave of seating cases is moving forward, and this is a good signal of where these cases may go."

The article also mentioned Supreme Court case Brinker Restaurant Corp. v. Superior Court, of which the outcome is still pending. Employees in this case argue that employers are obliged to ensure that employees take their breaks.

At the heart of both of these cases is the interpretation of the word "provide," and to what extent employers are held liable for making seats, breaks, etc. available, even if not requested.

On comparing the Brinker case to the BofA case, Laura said, "I think it's obvious. It's the same word; why wouldn't you interpret it in the same way?"

However, despite the similarities of these cases, they concern different specifics, and Laura pointed out, "These are issues that will be litigated case-by-case until there's a binding precedent."