Right to sit in the United States

The right to sit in the United States refers to state and local laws and regulations guaranteeing workers the right to sit at work when standing is not necessary. The right to sit was a pillar of the early labor movement. Between 1881 and 1917, almost all states, the District of Columbia, and Puerto Rico had passed legislation concerning suitable seating for workers. These laws were enacted during the Progressive Era, spearheaded by women workers in the labor movement. The original texts of these laws almost always applied only to female workers. Most states with right to sit laws have subsequently amended their laws to include all workers regardless of sex. Some states allow seating accommodations for workers who are minors, disabled, or pregnant. There is no federal right to sit law, nor is the US a signatory to the International Labour Organization's Hygiene (Commerce and Offices) Convention, 1964, which contains a suitable seating provision. Disabled workers who qualify can request seating as a reasonable accommodation under the Americans with Disabilities Act. Pregnant workers can request seating under the Pregnant Workers Fairness Act.

Largely obscure and rarely enforced for over a century, right to sit laws have obtained new relevance following several high-profile lawsuits against major corporations in California and other states during the 2010s and 2020s. States with current, gender-neutral right to sit laws include California, Florida, Massachusetts, Montana, New Jersey, Oregon, and Wisconsin. Some states, including New York, Pennsylvania, and West Virginia, maintain gendered language referring to female workers only. South Dakota's right to sit law only applies to minors. The majority of states and the District of Columbia repealed their right to sit laws between 1953 and 2015, including Alabama, Arizona, Arkansas, Colorado, Connecticut, Idaho, Illinois, Kansas, Kentucky, Maine, Maryland, Michigan, Missouri, Nebraska, Nevada, New Mexico, New Hampshire, North Carolina, Oklahoma, Virginia, Washington and Wyoming. Right to sit laws have been enacted at the local level in several cities, including Portland, Oregon and St. Louis, Missouri. Since 2019, politicians in several states, including Hawaii, Maryland, New York, and West Virginia, have proposed legislation to enact right to sit laws or amend them to be gender neutral.