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Labor/Employment

Jan. 18, 2013

Suitable seating claims head to 9th Circuit

A class of current and former Kmart cashiers from the retailer's Tulare store appealed their suitable seating claims to the 9th U.S. Circuit Court of Appeals Wednesday

By Laura Hautala
Daily Journal Staff Writer

A class of current and former Kmart cashiers from the retailer's Tulare store appealed their suitable seating claims to the 9th U.S. Circuit Court of Appeals Wednesday after a district court judge ruled against them during a bench trial in November.

The class claimed Kmart didn't provide seated workstations that were mandated by California law. But U.S. District Judge William Alsup in San Francisco found the plaintiff...

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