By Payroll and Entitlements Editorial Staff
Affirming the denial of an employer’s motion to dismiss, the Tenth Circuit held that workers in the marijuana industry are not categorically excluded from the protections of the Fair Labor Standards Act. Although the sale of marijuana is banned under the federal Controlled Substances Act, the court stated that one employer’s possible violation of federal law does not excuse its compliance with other requirements. Declining to address the merits of the FLSA claim, the appeals court affirmed the district court’s holding that the employee was FLSA non-exempt (Kenney v. Helix TCS, Inc., 10thCir., 170 LC ¶36,737).
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