Facts

Nykeya Kilby, a retail clerk who worked for CVS Pharmacy Inc., filed a class action on behalf of herself and other similarly situated, against CVS, alleging that CVS was required to provide suitable seating according to the California Labor Code Private Attorney General Act of 2004, and failed to do so.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that CVS failed to follow state labor lab by failing to provide retail clerks with suitable seating. The employees argued that if the nature of the employees' work reasonably permits the use of seats, then seats are required.

DEFENDANT'S CONTENTIONS:
CVS argued that the Private Attorney General Act does not apply to CVS's retail clerks. Defendant argued that the majority of Plaintiffs' work involved standing and it was expected that employees stand while performing their duties. CVS asserted that retail clerks had to stock shelves, help customers with locating items, sweep, and retrieve items, all of which required standing.

Result

The Court granted summary judgment to CVS.