Right to sit in the United States facts for kids

The right to sit in the United States refers to laws that say workers should be allowed to sit down at work when they don't need to stand. These laws were created to make sure employees have suitable places to rest.

Between 1881 and 1917, almost all states, plus Washington D.C. and Puerto Rico, passed laws about providing seats for workers. These laws were part of a time called the Progressive Era, when many social changes happened. Women workers and labor movements were very important in getting these laws passed.

Originally, most of these laws only applied to women workers. But over time, many states changed their laws to include all workers, no matter their gender. For a long time, these laws were not well-known or often used. However, in the 2010s and 2020s, some big lawsuits against large companies in California and other states brought these "right to sit" laws back into the spotlight.

Today, states with modern, gender-neutral right to sit laws include California, Florida, Massachusetts, Montana, New Jersey, Oregon, and Wisconsin. Some states, like New Mexico, New York, Pennsylvania, and West Virginia, still have laws that only mention female workers. Other states, such as Alabama, Arkansas, Connecticut, Idaho, Kentucky, Maine, Michigan, Missouri, Nevada, and New Hampshire, along with Washington D.C., got rid of their right to sit laws between 1972 and 2015. Only Mississippi and Hawaii have never had these laws. Some cities, like Portland, Oregon, and St. Louis, Missouri, have also passed their own local right to sit laws.

History of the Right to Sit

In the late 1800s and early 1900s, during the Progressive Era, many states passed laws to give workers suitable seats. These laws were specifically for women workers. By 1897, 22 states had passed such laws for women.

By 1915, only four states did not have a suitable seating law for women: Idaho, Mississippi, Nevada, and New Mexico. Early labor law books from that time noted that protecting women workers with laws about seats, restrooms, and dressing rooms was a "particularly striking" part of labor reforms. At first, all right to sit laws in the U.S. were only for women.

People realized as early as the 1870s that standing all day was bad for salesgirls. They pushed for seats to be provided and for girls to be allowed to use them. New York was the first state to pass a right to sit law for women workers in 1881. By 1916, almost every state had such a law. Most state laws covered factory and mechanical jobs, but some covered almost all jobs.

However, some experts thought these early laws were "of little real importance" for health. This was because it was hard to make sure employers actually let workers use the seats, even when they were provided.

By 1932, almost all states, Washington D.C., and territories like Puerto Rico had laws requiring suitable seating for women workers. Most of these laws said that employers must provide "suitable seats" and let workers sit when standing wasn't needed. Mississippi was the only state without such a law by 1932.

After being mostly forgotten for over 100 years, these seating laws became important again. This happened because of several lawsuits in California in the late 2010s.

Laws by State

Quick Look at State Laws

State	Year first enacted	Gender neutral	Year repealed	Text
Alabama	1907	No	2015
Alaska		No
Arizona	1912	No
Arkansas	1913	No	1997
California	1911	Yes, 1974	Active
Colorado	1885	No
Connecticut	1893	No	2005
Delaware	1887	No
Florida	1899	Yes, always	Active
Georgia (U.S. state)	1889
Hawaii	No law passed	N/A	N/A	N/A
Idaho	1913	No	1985
Illinois	1901
Indiana	1891
Iowa	1892
Kansas	1901
Kentucky	1912	No	1972
Louisiana	1900
Maine	1911	No	1975
Maryland	1896	No
Massachusetts	1882	Yes, 1974	Active
Michigan	1883	No	1975
Minnesota	1887
Mississippi	No law passed	N/A	N/A	N/A
Missouri	1885	No	2007
Montana	1885	Yes	Active
Nebraska	1883
Nevada	1917	No	1975
New Hampshire	1895	No	1985
New Jersey	1882	Yes, 1980	Active
New Mexico	1931	No	Active
New York	1881	No	Active
North Carolina	1909
North Dakota	1922
Ohio	1891
Oklahoma	1908	Yes, 1991
Oregon	1903	Yes	Active
Pennsylvania	1887	No	Active
Rhode Island	1894
South Carolina	1899
South Dakota	1913
Tennessee	1913
Texas	1913
Utah	1897
Vermont	1915
Virginia	1898
Washington, D.C.	1895	Yes, 1976	2004
Washington (state)	1890
West Virginia	1901	No	Active
Wisconsin	1899	Yes, 1975	Active
Wyoming	1901

California

California passed a law in 1911 requiring employers to provide seats for all female employees in stores. They also had to let them use these seats when not actively working. If the job required standing, seats still had to be nearby for breaks.

In 1974, a federal court ruled that the part of California's law that only mentioned women was unfair. It was changed to apply to everyone.

In 2016, the Supreme Court of California decided that if a job can be done while sitting, workers cannot be forced to stand. This ruling came from a lawsuit by a CVS worker who had to stand all the time.

In 2018, Walmart was accused of breaking California's law by not letting workers sit. Walmart denied doing anything wrong but agreed to pay $65 million to about 100,000 current and former employees.

Florida

Florida's right to sit law was passed in 1899. It is one of the few states where the law has always applied to all workers, not just women. If a business owner in Florida makes workers stand when it's not needed, or doesn't provide seats, they can be charged with a minor crime.

Massachusetts

In 1882, Massachusetts passed a law saying that employers must provide suitable seats for female employees in factories, mechanical shops, or stores. They also had to let them use these seats when they weren't busy working. Employers who broke this law could be fined.

In 1974, the law was updated to be gender neutral, meaning it protects all workers, not just women. Today, Massachusetts law says employers must provide suitable seats and let employees use them when they are not actively working. They must also allow sitting while working if the job can be done sitting and it's safe. Breaking this law can lead to a fine.

New York

In 1881, New York became the first U.S. state to pass a right to sit law for women workers. The law says that factories, stores, hotels, and restaurants must provide enough suitable seats, often with backs, for female employees. Workers should be allowed to use these seats to stay healthy.

Factory workers can use seats when their work can be done sitting. In stores, there must be at least one seat for every three workers. If workers mainly stand in front of a counter, the seats should be placed there. In 2019-2020, a bill was proposed to change New York's law to cover all workers, regardless of gender.

Oregon

Oregon passed a right to sit law for women workers in 1903, thanks to efforts from the labour movement. Oregon law also protects the right to suitable seating for minors (young workers). For example, in canneries, there must be one seat for every three minor workers. "Suitable seating" means seats that are convenient, comfortable, and safe for sitting while working.

The Oregon Administrative Rules state that all employers must provide suitable seats, tables, and workbenches when the job requires them. The City of Portland also has a local law. It says that businesses must provide enough suitable seats for all employees, with at least one seat for every three employees. Workers must be allowed to use these seats when they are not actively working.

Wisconsin

The Wisconsin Legislature first passed a right to sit law in 1899. In 1942, the law said that employers must provide suitable seats for female employees in factories, mechanical shops, or stores. They also had to let them use these seats when they weren't busy working. Employers who broke this law could be fined.

Wisconsin's right to sit law became gender neutral in 1975. The law was updated again in 1997 with small wording changes. The current Wisconsin law does not mention gender. It says employers must provide suitable seats for all employees and let them use these seats when they are not actively working. The fine for breaking this law is still between $10 and $30.

Why Some Laws Were Criticized

Some experts, like Professor Carol Louw, have said that laws only for women workers "reinforced stereotypes" about women being weak. Law professors Sacha Prechal and Noreen Burrows argued that working conditions should be safe and pleasant for all employees, no matter their gender.

Arguments Against Right to Sit Laws

The American Tort Reform Association, a group that works to change lawsuit rules, has criticized California's suitable seating law. They claimed it protected "lazy cashiers and their opportunistic lawyers."