seating inquiry (California) · Go Syfert
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seating inquiry in California

6 California opinions name it 2 courts 2010–2025 4 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Christopher v. Smithkline Beecham Corp.green
scotus · 2012 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016We disagree. ‘“[A]n agency’s enforcement decisions are informed by a host of factors, some bearing no relation to the agency’s views regarding whether a violation has occurred.” (Christopher v. SmithKline Beecham Corp. (2012) 567 U.S. 142, 157 [ 183 L.Ed.2d 153 , 132 S.Ct. 2156, 2168 ].) Defendants’ views are inconsistent with the purposes of the Labor Code Private Attorneys General Act of 2004 (Lab.

2016We disagree. ‘“[A]n agency’s enforcement decisions are informed by a host of factors, some bearing no relation to the agency’s views regarding whether a violation has occurred.” (Christopher v. SmithKline Beecham Corp. (2012) 567 U.S. 142, 157 [ 183 L.Ed.2d 153 , 132 S.Ct. 2156, 2168 ].) Defendants’ views are inconsistent with the purposes of the Labor Code Private Attorneys General Act of 2004 (Lab.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Kilby v. CVS Pharmacy, Inc. green
cal · 2016
2 sentences

2025If tasks are performed at a discrete location, those tasks should be considered together in evaluating whether work there reasonably permits the use of a seat.” (Kilby, supra, 63 Cal.4th at p. 19 .) Focusing on the work done at a particular location allows courts “to consider the relationship between the standing and sitting tasks done there, the frequency and duration of those tasks with respect to each other, and whether sitting, or the frequency of transition between sitting and standing, would unreasonably interfere with other standing tasks or the quality and effectiveness of overall job

2023Tasks performed with more frequency or for a longer 30 duration would be more germane to the seating inquiry than tasks performed briefly or infrequently.” (Kilby, supra, 63 Cal.4th at p. 18 .) “[C]onsideration of all the actual tasks performed at a particular location would allow the court to consider the relationship between the standing and sitting tasks done there, the frequency and duration of those tasks with respect to each other, and whether sitting, or the frequency of transition between sitting and standing, would unreasonably interfere with other standing tasks or the quality and ef

42022–2025
Morrison v. State Board of Education green
cal · 1969
1 sentence

2010However, for purposes of imposing liability, a statute can achieve the requisite clarity regarding the “conduct prohibited” (Morrison v. State Board of Education, supra, 1 Cal.3d at p. 231 ) even when the statute obliges people to adhere to a reasonable standard of conduct.

12010–2010
Bright v. 99¢ Only Stores green
calctapp · 2010
1 sentence

2010(Bright v. 99¢ Only Stores (2010) 189 Cal.App.4th 1472 [118 Cal.Rtpr.3d 723] (Bright).) We agree with this conclusion.

12010–2010

Statutes the citing opinions construe

CA § Cal. Labor Code § 2698 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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