CVS Lawsuit: No Sitting Down on the Job!

June 8th, 2012. By AbiK

Well, if the Eagles were to write a lyric for the decision in the CVS cashier seat lawsuit it might be “you can check out anytime you like, but I can never sit.” Or something like that.

Yes, a judge in California has ruled that CVS cashiers don’t have a right to a seat while they’re working the cash register. If you recall, both Wal-Mart and Home Depot were recently hit with similar labor law class action lawsuits—only in those cases it was over chairs for greeters, not cashiers.

In the Home Depot case, the court ruled in favor of the employees who brought the lawsuit; not so with CVS as the job of cashier does not “reasonably permit the use of a seat”. CVS also argued in its defense that they could not maintain the company’s commitment excellent customer service if cashiers were to be sitting down on the job (gives a whole new meaning to that phrase, huh?). I’m not sure what defines “excellent” customer service, but I guess sitting down might make it harder for CVS cashiers to go grab a pack of smokes for a customer or perhaps quickly bag toiletries.

The ‘sit on the job’ CVS lawsuit alleged violations of California’s 2004 Labor Code Private Attorneys General Act (aka the “Sue your Boss” law). The lawsuit was brought by former CVS employee Nykeya Kilby—who, btw, was terminated after working at CVS for eight months. Cause of termination: missing work. But the interesting thing here is that Kilby apparently never requested a chair while employed. Go figure.

So if you’re keeping score, it’s Greeters: 1, Cashiers: 0 —for now.

 

Tags: CVS Cashier, CVS Class Action, CVS Lawsuit, Home Depot, Labor Law, Labor Violation, Wal-Mart

This was posted on Friday, June 8th, 2012 at 7:40 am and is filed under Class Action, Employment . Feel free to respond, or trackback. Read our comments policy.