What is the ‘right to occupy’ law, and how can it change the lives of retail workers?

This week, city officials in Ann Arbor, Michigan, approved a law that would allow workers to sit instead of stand while on the job. The law will apply to most positions across industries such as hotels and retail, as long as the worker’s sitting position does not interfere with their ability to do their job.

Under federal law, employers are already required to provide “reasonable accommodations” to pregnant or disabled employees. But the onus is often on the staff to request those accommodations. With the “right to stay” law in place, workers who need to be able to sit at work—or at least take breaks from standing—will not have to make explicit requests for accommodations, making certain workplaces more inclusive of seniors. unemployed or disabled.

The ‘right to occupy’ law is spreading

This makes Ann Arbor the first city in Michigan to adopt a “right to occupy” law that applies to all workers, not just accommodations for those who are pregnant or have disabilities. Beyond Michigan, a number of other states have passed similar laws, including California, Florida, and Wisconsin. Some states have antiquated “right to work” laws on the books that apply only to women because they date back to the early 20th century, when women entered the workforce in large numbers. But these rules are more common in Europe, where cashiers, for example, tend to sit when they work.

However, in the US, workers in some workplaces are clearly instructed not to sit down while on the job. In sales positions and other customer-facing jobs, it’s common practice for employees to stand—so much so that the issue has sparked lawsuits over the years, even in states that offer “right to remain” protections. (In California, employers like Walmart have been forced to pay former employees for refusing to provide accommodations and violating state law.)

Enforcement challenges

A law like this can seem difficult to enforce, as workers must warn employers who do not comply with the law—or bring legal claims, as has happened in California. In Ann Arbor, for example, workers must report violations by filing complaints with the city’s Human Rights Commission. Employers will have to demonstrate that compliance with the law is not possible given the scope of the work in question. But if more states start adopting these laws, it could help change the culture of retail work in the US—and stop the expectation that low-wage workers should stay on their feet.