Certain Cannabis Industry Workers Are Not “Employees” Under Federal Labor Law; Could Be Covered by Mass. Law

In a recent decision, the Regional Director of the National Labor Relations Board (NLRB) for Region 1 (covering most of New England) found that a majority of employees of a cannabis cultivation and processing facility were “agricultural laborers” within the meaning of the National Labor Relations Act (NLRA) and therefore not subject to the jurisdiction of the NLRB. The decision means that the union can attempt to organize the workers pursuant to Massachusetts law, which unlike federal law,...
By: Foley Hoag LLP

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