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June 6th, 2012

Judge Stands against Lazy Cashiers and Their Opportunistic Lawyers’ ‘Right to Sit’ Lawsuit

On June 1, 2012, a California Judge stood up to parasitic trial lawyers and ruled that CVS does not have to provide chairs for its cashiers.  The decision ended a ridiculous class action lawsuit filed in 2009 by Nykeya Kilby, a former CVS cashier in Chula Vista, California.  Kilby accused her employer of not following a state labor law that requires retailers to provide “suitable seats” for employees.  Walmart and Target also have been hit with such lawsuits.  These filings come in the wake of the Private Attorneys General Act, a 2004 law, which more accurately could be called the “Sue Your Boss Law.” 

In the case at hand, coincidentally, prior to filing the lawsuit, Kilby was fired after eight months of employment for missing work and never requested a chair during her time as a CVS employee.  Meanwhile, as other apparently lazy cashier plaintiffs are hoping to get paid without having to work, more productive elements of our society are choosing to stand.  “Standing desks” have become the newest trend in office furniture, with former Secretary of Defense, Donald Rumsfeld, leading the charge last decade.    

ATRA has previously posted about this growing litigation trend and pointed to a recent South Carolina study that directly contradicts the plaintiffs’ arguments in such cases.  This South Carolina study, along with previous research, indicates that extensive sitting significantly increases the risk of cardiovascular disease, even among those who exercise regularly.  So while the lawyers who are now busily ginning up more of these sit-down lawsuits may get rich, the only thing their clients are likely to get out of the deal will diabetes 2, heart disease and other life-shortening health problems.  Let’s hope more California judges stand up against workplace sloth.

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