There will be no sitting on the job inside the Tulare Kmart. The store recently won a federal lawsuit, which questioned whether cashiers should be provided with chairs.
In this case, a federal judge ruled that having chairs at checkout counters would be unsafe and inconvenient.
For most people working in retail, a big part of the day is spent ringing up customers, bagging items and standing.
Kmart customer Don Mumm says, "That's just part of the job, you got to go with it."
Some Valley employees have taken a stand against standing. 65 former and current cashiers at the Kmart in Tulare filed a federal class action lawsuit against the big box store. They claim Kmart violated a century old labor code, by not allowing cashiers to sit on the job. The code requires employers provide suitable seats when the nature of work permits.
Plaintiff's attorney Hevin McInerey says, "You can see that most of their work can be done while seated."
Kmart defended it's no sitting policy claiming standing cashiers help portray a "ready to serve" image. Last month, a federal judge ruled in favor of the store.
Most customers agree with the decision.
"It's more professional and it just seems like they'd be ready for you. If they're sitting down, it's seems like you're just not doing the job," says Mumm.
Sandra Lenox says, "It would look like they're on a break. Really they should be standing because they're there to work and not sit."
Cathy Duran says, "It wouldn't bother me at all. They're gonna do their job no matter what. But do I think they should have some place to kind of relax? Yeah, probably."
The plaintiff's attorney says the fight isn't over. He says the judge only ruled against allowing cashiers to sit on chairs with no backs. He plans to appeal the case.
Mcinerey says, "I feel very confident because it's sort of a common sense kind of thing. It's no fun standing for eight hours. Cashiers in Europe have been seated for 30 years. We're a little behind the time here California."
Mcinerey tells us he plans to file another class action lawsuit against the 103 other Kmart stores in the state.
TXT 24
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