Rose

Filed 3/25/25 Rose v. Hobby Lobby Stores CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

KELLY ROSE,

Plaintiff and Appellant,

A168301

v. HOBBY LOBBY STORES, INC., (Alameda County Super. Ct. No. RG17862127) Defendant and Respondent.

Kelly Rose, who had been employed by Hobby Lobby Stores, Inc. (Hobby Lobby) as a cashier in a Hobby Lobby retail store, sued her former employer under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq. (PAGA)) alleging violations of the so-called “suitable seating” provisions in Industrial Welfare Commission Wage Order No. 7- 2001, which applies to employees “in the mercantile industry.”1 (Cal. Code Regs. tit. 8, § 11070, subds. 1, 14.) After a bench trial, the court found for Hobby Lobby,…