Cannabis Security Co. Urges 10th Circ. To Rehear Wage Case
Law360 (October 8, 2019, 6:16 PM EDT) -- Colorado cannabis security company Helix TCS Inc. has petitioned the Tenth Circuit for an en banc rehearing of a September panel decision that the Fair Labor Standards Act applies to workers in the legal marijuana industry.
Helix said the panel’s opinion, which stemmed from a proposed wage-and-hour collective action against the company, creates an unworkable standard for courts in the Tenth Circuit, “decimates” the uniform application of the Controlled Substances Act and FLSA, and undermines congressional policy and U.S. Supreme Court decisions.
The company argued that the FLSA applies only to legal businesses and that the workers in the collective action...
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