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...more
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...more
10/12/2020
/ Cannabis-Related Businesses (CRBs) ,
Denial of Certiorari ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Marijuana ,
Marijuana Related Businesses ,
Over-Time ,
State Labor Laws ,
Wage and Hour
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?...more
The State of California added another patch to the patchwork of county and city orders requiring businesses to close and employees to stay home in response to COVID-19....more
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....more
12/18/2019
/ Cannabis-Related Businesses (CRBs) ,
Compensation & Benefits ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hemp Related Businesses ,
Labor Regulations ,
Marijuana Related Businesses ,
Over-Time ,
Reimbursements ,
Rest and Meal Break ,
Wage and Hour
Seyfarth Synopsis: the 10th Circuit has held that the FLSA applies to workers in the marijuana industry....more
9/27/2019
/ Appeals ,
Controlled Substances Act ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Marijuana Related Businesses ,
Misclassification ,
Motion to Dismiss ,
Non-Exempt Employees ,
Reaffirmation ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: Can employers deny employment to people who use cannabis under a medical prescription authorized by state law? In more and more states, the answer is now “No.”...more
Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.
California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more
Synopsis: Ralphs Grocery v. Victory Consultants, 17 Cal. App. 5th 245 (2017), gives some solace to private property store owners. The Silver lining of the Victory Consultants grocery store decision—petitioners and signature...more
Seyfarth Synopsis: California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January...more
Seyfarth Synopsis: Marijuana businesses must properly label their products if they contain chemicals that can cause cancer, birth defects, or other reproductive health problems. Failure to do so will result in a civil...more
Seyfarth Synopsis: The Trump Administration’s hard line on immigration has concerned undocumented immigrants who want to raise wage claims. The LWDA recently reaffirmed a commitment to protect workers regardless of their...more
Seyfarth Synopsis: Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties. The purported PAGA exemption from arbitration agreements applies only to...more
Seyfarth Synopsis: After hitting some major roadblocks, the San Diego Earned Sick Leave and Minimum Wage Ordinance has now been enacted. The Ordinance is to take effect this summer, most likely by the end of July. The...more
Seyfarth Synopsis: In yet another effort to limit predatory ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation that will provide small business owners with some...more
Seyfarth Synopsis: Under California law, employers have a part to play in protecting employee voting rights and other political activity. What follows is a short reminder of employer duties and obligations.
With the...more