Human Resource Blog

Pennsylvania Chair Law

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Is there a federal or Pennsylvania labor law that mandates retail employers such as CVS, Walmart, Sears etc. to provide chairs in the break room or in the store for employees?

Neither state nor Pennsylvania law requires that a retail firm furnish chairs for employees to use during breaks. (Several other states do have such laws, which are called “chair laws.”) Obviously most retailers do provide one or more chairs for employee’s to use during brief breaks. Putting chairs in the store for employee’s use is much more unusual.

In fact, there is no federal or Pennsylvania law that requires employers to give breaks to workers over 17, period. Only 8 states do have laws requiring rest breaks. Pennsylvania law does require breaks for workers who are between the ages of 14 and 17.

Under federal law, the Fair Labor Standards Act of 1938, an employee who takes a break of 20 minutes or less must be paid for that time. Workers who take a break longer than 20 minutes and are entirely free of job duties during that time, need not be paid for the break.

This is an issue that may well be covered by a collective bargaining agreement, if one is in place.

The only exception to this rule would be if an employee has a genuine disability that requires them to be off their feet during rest breaks. Normally, the employee must provide medical certification of such a disability. In that case, employers are required under the Americans with Disabilities Act to make reasonable accommodations for the disabled worker (but not all workers.) In this case, providing a chair for use during breaks would likely be a reasonable accommodation. Allowing a retail clerk to remain seated throughout the work day would probably not be a reasonable accommodation (unless he or she was in a wheelchair.)