Step-by-Step Guide to Workplace Suitable Seating Laws in California

If you are an employee in California, you have the right to a safe and healthy work
environment, including the right to suitable seating. Under California law, employers are
required to provide suitable seating to employees who perform work that can be performed
while seated. In this blog post, we’ll outline the step-by-step process for understanding and
enforcing your right to suitable seating in the workplace.

Step 1: Understand your rights.

The first step in understanding and enforcing your right to suitable seating is to know what your
rights are. Under California Labor Code section 1410, employers are required to provide
suitable seating to employees who perform work that can be performed while seated. This
means that if your work can be performed while seated, your employer must provide you with
a seat that is suitable for the work you are doing.

Step 2: Review your employer’s seating policy.

If you are not being provided with suitable seating, the next step is to review your employer’s
seating policy. Your employer should have a policy in place outlining the types of seating that
are available and the criteria for assigning seating to employees. If the policy does not provide
for suitable seating for the work you are doing, or if the policy is not being followed, you may
have a claim for violation of your rights.

Step 3: Gather evidence.

To support your claim for suitable seating, it’s important to gather evidence of the conditions in
your workplace. This may include photos or videos of your workstation, time sheets or other
records showing the amount of time you spend seated, and any other documentation that
supports your claim. Be sure to keep copies of all relevant evidence, as you may need to
provide it to support your claim.

Step 4: Communicate with your employer.

If you believe you are not being provided with suitable seating, it’s important to communicate
with your employer about the issue. You may be able to resolve the matter informally by
explaining your concerns to your employer and providing them with the evidence you have
gathered. If your employer is unwilling or unable to resolve the issue informally, you may need
to take further action.

Step 5: Seek legal advice.

If you are unable to resolve the issue with your employer, or if you have any other questions or
concerns about your rights, it’s important to seek legal advice. An experienced employment
attorney can review the facts of your case and advise you on your rights and options under
California law. They can also help you gather any additional evidence and represent you in legal
proceedings, if necessary.

Step 6: Consider your options for pursuing a claim.

If you believe your employer has unlawfully failed to provide you with suitable seating, you may
have several options for pursuing a claim. You may be able to file a complaint with the Division
of Labor Standards Enforcement (DLSE), or you may be able to file a lawsuit in court. Your
attorney can advise you on the best course of action based on the specific circumstances of
your case.
If you are an employee in California and you are not being provided with suitable seating in the
workplace, it’s important to know your rights and take action to protect them. By
understanding your rights, reviewing your employer’s seating policy, gathering evidence,
communicating with your employer, and seeking legal advice if necessary, you can ensure that
you receive the seating you are entitled to. Don’t hesitate to seek legal help if you have any
questions or concerns about your rights or if you believe your employer is not complying with
California labor laws.