JILL LaFACE, Plaintiff and Appellant, v. RALPHS GROCERY COMPANY, Defendant and Respondent., 75 Cal. App. 5th 388

Summary

HOLDINGS: [1]-There is no right to a jury trial in a Private Attorneys General Act (PAGA), Lab. Code, § 2698, et seq., action for civil penalties; [2]-A grocery company’s failure to provide seating for cashiers did not violate workplace seating requirements under IWC Wage Order 7-2000, Cal. Code Regs., tit. 8, § 11070, subd. 14, because the evidence showed that cashiers' duties included the reasonable expectation that they stay busy even while not checking out customers. The evidence did not support the contention that there were lulls during which cashiers could sit in chairs while not engaged in the active duties of their employment.