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It’s summer of 2018 and the commercial cannabis market is heating up.  As licensing continues, more and more cities and counties are enacting regulatory programs, continuing to expand the marketplace.  And the transition period is over.  Starting just a few days ago, as of July 2nd, every licensed commercial cannabis business must comply with all the regulations of operating a cannabis business in 2018.  The regulations are fierce and unforgiving.  Between the three licensing agencies,…
Employers take note! A Court held an employer’s ignorance of a higher minimum wage set by local ordinance can constitute a “willful failure to pay”, resulting in waiting time penalties. California courts are permitted to award an employee a waiting time penalty (of up to 30 days’ worth of the employee’s wages), if the employer “willfully fails to pay” the employee her full wages immediately (if discharged/terminated), or within 72 hours (if she quits)¹. A…
In Scott v. Gino Morena Enterprises, the Ninth Circuit clarifies that the statute of limitations period for filing a Title VII suit commences after the EEOC issues a right-to-sue notice. Plaintiff Scott sued her employer in federal court, alleging sexual harassment and retaliation at a barbershop at Camp Pendleton where she worked. She brought suit under Title VII of the Civil Rights Act of 1964. Under Title VII, a plaintiff must exhaust her administrative remedies…
Archer Norris Cannabis attorneys have been hard at work helping clients work through the Calaveras County board of supervisors’ cannabis ban. Their efforts were noted in this week’s law.com “Higher Law” cannabis newsletter, compiled and written by Cheryl Miller. Click here to read the newsletter, and check out the latest happenings in the world of Cannabis Law.  …
If your State Temporary license was issued with an effective date of January 1, 2018, it expires at the end of this month!  April 30th! You heard that right.   Your state temp license will expire by April 30th,  if you don’t submit your Annual License application, stated the Bureau of Cannabis Control in a public announcement issued this afternoon.  If you want to extend your temporary license for another period of at least 90 days,…
Early Friday morning, March 23, 2018, Congress approved a new Federal budget, the Consolidated Appropriations Act of 2018 (“the Act”), narrowly averting another government shutdown or yet another interim stopgap spending bill. Following the bill’s passage through the House and Senate, the President is expected to sign it into legislation on Saturday, March 24th. Previously however, as the vote in the House and Senate loomed, thousands of California medical cannabis businesses, along with thousands more…
The California Supreme Court’s ruling this morning in Alvarado v. Dart Containers may have many employers scrambling to verify their overtime pay calculations. The Court rejected Dart’s complicated overtime calculations, which utilized a multiplier of 0.5 instead of 1.5, and which, in calculating the “regular rate” of pay to determine overtime pay, used a divisor of the total hours worked, including overtime. According to the Supreme Court, to account for overtime premium associated with a…
The health care industry has long allowed employees to voluntarily waive one of the 2 meal periods on shifts greater than 12 hours. Plaintiffs in Gerard v. Orange Coast Memorial Medical Center argue, however, that such a waiver violates Labor Code section 512, which does not allow waivers on shifts longer than 12 hours. Defendants argue that section 11 of Wage Orders 4 and 5 control their meal period obligations, notwithstanding section 512. (Section 11…
The NLRB flip-flops again. After less than 3 months, the test as to whether the 2 or more entities will be deemed joint employers is back to the 2015 standard announced in the Board’s Browning-Ferris decision. Just in December 2017, the Board overruled Browning-Ferris in a 3-2 decision, Hy-Brand, which requires a showing that the company alleged to be a joint employer actually exercised some “direct and immediate control” over the essential employment terms of another company’s employees. On February…
A second Court of Appeal has ruled that discrimination against a person’s sexual orientation is a civil rights violation, in an unusual case where two federal bodies, the EEOC and the Justice Department, took opposite sides. In Zarda v. Altitude Express, Inc. et al, the federal appeals court in New York agreed with the EEOC that bias against sexual orientation necessarily discriminates on the basis of sex. While the employer, Altitude Express, Inc. is uncertain…