San Francisco’s Eric Steinert Published in the Los Angeles and San Francisco Daily Journal
“What are Acceptable Workplace Conditions?”

Labor and Employment partner Eric Steinert published an article in the Daily Journal breaking down the impact of a recent California Court of Appeal ruling that created exposure for employers under California Wage Order 7 for often picayune requirements regarding working conditions.

Eric writes that in a precedent-setting decision, the court held in Bright v. 99 Cents Only Stores that employees denied suitable seating can seek civil penalties under the Labor Code Private Attorneys General Act (PAGA) of 2004. The Bright court determined that suitable seating is a standard condition of labor established by Wage Order 7, and thus failure to provide suitable seating is in turn a violation of Labor Code Section 1198. Although section 1198 does not allow for civil penalties, Wage Order 7 does.

Eric notes that the Bright decision now permits litigation over some rather peculiar wage order provisions. For example, under Wage Order 7, every California retail employer must provide: suitable lockers, closets, clean changing rooms or resting facilities separate from toilet rooms; clocks in all major work areas; adequate elevator or escalator services for work performed above four floors or below ground level; and facilities for securing hot food and drink for night-shift meal periods.   

He adds that it is clear that California employers must now review their working conditions for compliance or face significant PAGA penalties and possible litigation.