Legal Opinion
Nykeya Kilby v. Cvs Pharmacy, Inc.
Court of Appeals for the Ninth Circuit
Decided December 31, 2013No. 12-56130, 13-56095PublishedCited by 5 opinions
1Opinion of the Court
ORDER
These cases require us to decide, as a matter of California law, the proper interpretation of Section 14 in California Wage Order 4-2001 and California Wage Order 7-2001. 1 Both sections address the circumstances under which an employer has an obligation to provide an employee with a seat. We respectfully request that the California Supreme Court exercise its discretion to decide the certified questions set forth below.
I. Questions Certified
The applicable Wage Orders require that an employer provide “suitable seats” to employees “when the nature of the work reasonably permits the use of…
2Cases cited6 opinions
- Martinez v. CombsCalifornia Supreme Court · 2010
- Wells v. One2One Learning FoundationCalifornia Supreme Court · 2006
- Kremen v. CohenCourt of Appeals for the Ninth Circuit · 2003
- Doyle v. City of MedfordCourt of Appeals for the Ninth Circuit · 2009
- Home Depot U.S.A., Inc. v. Superior CourtCalifornia Court of Appeal · 2010
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kilby v. CVS Pharmacy, Inc.California Supreme Court · 2016
- Clifford Brace, Jr. v. Steven SpeierCourt of Appeals for the Ninth Circuit · 2018
- Christopher Mendoza v. NordstromCourt of Appeals for the Ninth Circuit · 2015
- Amanda Frlekin v. Apple Inc.Court of Appeals for the Ninth Circuit · 2017
- John Busker v. Wabtec Corp.Court of Appeals for the Ninth Circuit · 2018