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On January 25, 2021, the National Labor Relations Board’s Division of Advice released an A...

NLRB Division of Advice Finds Cannabis Workers Not Covered by Federal Labor Law – Lexology

On January 25, 2021, the National Labor Relations Board’s Division of Advice released an Advice Memo on the issue of whether certain cannabis workers were exempt from the National Labor Relations Act as agricultural workers. The Advice Memo noted at the outset that the “Board has not ruled on whether employees of a marijuana enterprise are agricultural laborers or statutory employees.” The difference in classification is important – the Board has jurisdiction over statutory employees but not agricultural laborers, which …

 

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