Employment Law and Labor Disputes
Medical marijuana collective operators should take caution and make sure they are aware of, and compliant with, California’s Labor Code. Most medical marijuana dispensaries employ workers that are paid an hourly wage. Dispensary operators should know that employees are provided protections under the California Labor Code and that employers are required to provide their employees with regular meal and rest break periods, in addition to overtime pay, depending on how many hours are worked by the employee.
California Labor Code §512 and IWC Wage Order 4-2001 state that an employer may not employ an employee for a work period of more than five (5) hours per day without providing the employee a meal period of not less than 30 minutes. California labor laws also require employers to authorize and permit all employees to take rest periods. The authorized rest period time required to be provided is ten (10) minutes net rest time per each four hours of work.
Violation of the labor laws may subject dispensary owners to legal liability and payment to its employees of back wages owed. For example, if an employer fails to provide an employee a meal or rest period in accordance with the applicable law, the employer can be liable to pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal and or rest period is not provided.
Do not let this happen to you. As a dispensary owner, your business must follow more than just the various medical marijuana laws; you must also follow federal and California labor laws. The attorneys at CANNABIS LAW GROUP can consult with you and advise you as to whether your policies and procedures are legal. We offer Employment Handbooks and Operations Manuals for medical marijuana collectives. Our medical marijuana attorneys specifically drafted these documents to help provide you with the documents that you need to support, promulgate your collective’s policies and procedures, and to avoid legal pitfalls in the process. Call now for more information at 949-375-4734.