RITE AID  seatcase

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Hall v. Rite Aid Corporation
San Diego Superior Court Case No. 37-2009-00087938-CU-OE-CTL

The law firms of Clapp & Lauinger LLP, Law Offices of Kevin J. McInerney, and Righetti Glugoski, P.C. have filed a class action lawsuit against Rite Aid Corporation.

The lawsuit is brought on behalf of all persons who were employed as Front-End Cashier/Clerks in California at any time between March 12, 2008 and the present.

The lawsuit claims that Cashier/Clerks should have been provided with seats while they operated the cash register. The lawsuit seeks monetary penalties on behalf of all Cashier/Clerks who were not provided with seats.

If you are a member of the class, we need your help! Please contact us.

California Wage Order 7-2001, section 14(A):

"All working employees shall be provided with suitable seats when the nature of their work reasonably permits the use of seats.”

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California Labor Code section 2699(f)(2) requires an employer to pay a penalty of $100 per pay period per aggrieved employee for the first violation and $200 per pay period per aggrieved employee for each subsequent violation.  The goal of this lawsuit is to recover monetary penalties from Rite Aid because it failed to provide seats to Cashier/Clerks in violation of California’s seating law

See Industrial Welfare Commission Order No 7-2001

Documents of Interest
Order Granting Motion for Class Certification
Unpublished Court of Appeal Opinion dated May 2, 2014 (reversing Motion for Decertification)
California Supreme Court decision in Kilby v. CVS Pharmacy (provides clarification on the "suitable seating" requirement)

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