As more states legalize cannabis, growth in job opportunities rises. However, with more jobs, the greater the risk of employment related lawsuits at the hiring stage. While there are a host of issues cannabis companies need to consider at the hiring stage (i.e. background checks, policies, benefits, payroll, etc.), this blog post focuses on salary histories.

Salary history bans at
Continue Reading Hi[gh]ring Practices: Salary History Bans

As you might recall from our previous post, The 10th Circuit Grants Re-leaf to Workers Seeking Overtime Under the FLSA, the 10th Circuit held that cannabis employers are not immune from federal overtime laws even though the cannabis sector is illegal under federal law.

The employer in Robert Kenney v. Helix TCS, Inc., sought to clear the haze
Continue Reading The ‘High’ Court Denies Review of Federal Overtime Case Involving Cannabis Employees

As you might recall from previous blog posts, more and more states are requiring cannabis companies to enter into labor peace agreements with unions in order to obtain their licenses, but could that soon go up in smoke?

The National Right to Work Legal Defense Foundation (“NRTWF”) asked the National Labor Relations Board (“NLRB”) for help when New Jersey
Continue Reading Is New Jersey’s LPA and CBA Requirement One Toke Over the Line?

As previously reported, the Tenth Circuit created a buzz when it found that cannabis companies need to pay overtime under the FLSA even though marijuana is illegal under Federal law.

Since then, another case has emerged from the “weedwork” in the Northern District of California claiming that cannabis companies owe employees: overtime hours, expense reimbursements, and penalties for failing to
Continue Reading Will cannabis legalization lead to “high” stakes wage and hour litigation?

Looks like arguments seeking to dismiss FLSA wage claims under the guise that “cannabis is illegal under federal law” have gone up in smoke. The 10th circuit created a buzz in Robert Kenney v. Helix TCS, Inc., Case No. 18-1105, by holding that cannabis industry workers can claim overtime under the Federal Labor Standards Act (“FLSA”).

The FLSA requires
Continue Reading The 10th Circuit Grants Re-leaf to Workers Seeking Overtime Under the FLSA

The New Jersey Court of Appeals revived a funeral director’s medical marijuana discrimination suit in Wild v. Carriage Funeral Holdings, Inc., Case No. A-3072-17T3. There, the funeral director was involved in a workplace accident. The director told the hospital that he was authorized to use medical marijuana. The employer fired the funeral director. The funeral director’s supervisor told him it was because of his medical marijuana use but the employer stated that the director was fired because he failed to comply with the Company’s policy which required employees to inform their supervisor if they are taking medications that could alter their ability to perform their duties. The director argued that his termination was unlawful under the State’s discrimination law even though the medical marijuana act did not afford him protection.
Continue Reading NJ Medical Pot User’s Case Not Up In Smoke: Accommodations Might Be Required Despite Weed Statutes Saying Otherwise

What a year it’s been in legalizing cannabis—from conservative states legalizing medical marijuana—to city ordinances imposing cannabis requirements. Changes in Cannabis laws are definitely creating a buzz for SF and Utah employers.

Background Checks SF. San Francisco, known for its forward progress in the cannabis space, has done it again. Effective October 1, 2018, employers are prohibited from “inquiring
Continue Reading Marijuana Sows Seeds of Conflict for San Francisco Employers, But Maybe Not for Utah Employers

Michigan becomes the tenth state to legalize cannabis on a recreational level, and Missouri and Utah now join thirty-one other states who have legalized medical marijuana. But what’s next and how will this affect employers?

Here is a quick summary of some of the major issues employers may face now that cannabis is legal in Michigan, Missouri, and Utah.

Michigan.
Continue Reading Puff, Puff, Passed: Cannabis Wins This Midterm

Just two years ago, North Dakota voters passed medical marijuana legalization with 64 percent support. Now, North Dakota could join a number of sanctuary states legalizing recreational marijuana.

Through an effort called Legalize ND, proponents of recreational marijuana submitted more than the required 13,452 valid petition signatures to get a measure on the November 2018 general election ballot.

If
Continue Reading Budding Developments: North Dakota to Legalize Recreational Marijuana?