Legal Question in Employment Law in Arizona

Is it legal for company to require its people at only specific sites to stand for 8 -12 hours a day. While other employees at the same site can sit. Let me give info on how this situation came about.

I work for a company is contracted by the city to maintain the conveyor systems at our airport. There are 4 specific sites within the airport that we take care of. Someone was caught sleeping or not doing their job. This person was not correctively disiplined separately the entire crew is. As a result of this all comfortable chairs were removed from that site and another one thus requiring the person who mans that site to stand or walk around for there entire shift. there is one chair available to sit in but it broken and causes the person sitting on it to be sitting in an ergonomically incorrect position. While at the other 2 sites we man has chairs for the people sit down during their shift and breaks. Nowhere within the handbook for company policy does it require us to stand for such periods. And the job has never had this as a requirement , but my supervisor told me when I complained about this situation 'I was expected to do my job' I feel this punishing any employee who has to man those sites. While the rest can sit during their shift. Is their any possible legal recourse I can take to force the company to return the chairs. As I am nearly 50 years old I work 48-56 hours a week for this company. I have never had any Problems doing my job correctly I usually am up and walking my functional area for up to miles a day. But I still need some periods of rest where I can sit.


Asked on 6/22/12, 6:58 am

1 Answer from Attorneys
Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

People misunderstand what the law was designed to prevent. The law prevents discrimination and child labor, it does not prevent an employer from creating a difficult environment for you to work in. The law does not make your employer treat you the way you think you should be treated or provide chairs or nice supervisors. This is a tough economy and employers are tougher on employees now than they were when labor was scarce. Your employer is taking the position that this is the job they have for you and these are the things we are going to give you to get the job done... and of course the reality is, if you do not like the way your employer treats you... or the tools the employer gives you to do the job... your best recourse is to find a job environment that is better for you to work in. The law will not solve all of your job issues. And that is reality... so the short answer is you have no legal recourse to solve this problem unless you have a union agreement or company policy that provides otherwise.

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Answered on 6/22/12, 1:26 pm


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