This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the Supreme Court of California's recent ruling on an employer's obligation to provide seating for employees under Industrial Welfare Commission Wage Order No. 7-2001. In Kilby v. CVS Pharmacy, the court held that "nature of the work" refers to the tasks an employee performs at a given location for which he is claiming a right to a suitable seat. Furthermore, whether the nature of the work reasonably permits sitting is a question to be determined objectively based on the totality of the circumstances, and employers have the burden of proving that a suitable seat is not available.