Seyfarth Shaw: Take a Seat: Second Court in as Many Months Holds that Retail Employees Denied Suitable Seats May Recover California PAGA Penalties | Practical Law
This Seyfarth Shaw LLP memorandum discusses the California Court of Appeal decision in Home Depot U.S.A. v. Superrior Court holding that the California Labor Code Private Attorney General Act of 2004 (PAGA) provides employees who claim they have been unreasonably denied "suitable seats" with a private right of action to sue for civil penalties of up to $200 per employee, per pay period. The court agreed with a recent decision in Bright v. 99¢ Only Stores.