Labor & Employment Archives

Labor and Employment | Breweries | Brewery | Lawyers | Legal Matters

Key Legal Considerations for Breweries, Part II: Labor and Employment Matters

Introduction to Labor and Employment Issues in Breweries All startups face challenges, but certain recurring issues are especially important to address at the very early stage of a business and throughout the lifecycle of a business. Breweries must be mindful of labor and employment matters, including how they categorize employees verses independent contractors, having employee policies and handbooks in place,

Rogoway Law Group May 20, 2024

Avoiding Labor & Employment Disputes from Onboarding to Exit. (Mitigating Risk of Liability in the Employee Lifecycle)

Introduction Now more than ever companies must be on top of staffing and employment issues. It’s always important to properly document onboarding employees and contractors, any issues that arise in the lifecycle of the employment relationship and any exit documentation, but in difficult economic times it is especially important to maintain recordation thereof and any human resources issues. Mitigating Labor

Rogoway Law Group March 2, 2023

Understanding Cal-OSHA Injury and Illness Prevention Program (IIPP)Requirements for California Cannabis Businesses

Introduction Most commercial cannabis businesses in the state of California spend a significant amount of time ensuring they are compliant with the regulations promulgated by the California Department of Cannabis Control (the “DCC” and “DCC Regulations”). However, there are a number of non DCC rules and regulations that all commercial cannabis businesses must also comply with that often get overlooked.

Rogoway Law Group February 23, 2023

Changing Labor Peace Agreement Requirements for California Cannabis Licensees and License Applicants

Changing Labor Peace Agreement Requirements for California Cannabis Businesses

As more and more States legalize medical and/or adult-use cannabis, the issue of worker’s rights in the cannabis industry has taken center stage. Many States with regulated commercial cannabis business industries, including California, require applicants for licensure and licensed cannabis businesses with a certain number of employees to enter into and abide by the terms of a Labor Peace Agreement.

Rogoway Law Group September 19, 2022

Workplace misconduct -- such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud -- ranks among the most important legal challenges a cannabis or beverage company might encounter

Investigate Workplace Misconduct…Don’t Turn a Blind Eye!

The mountain of legal issues facing businesses in regulated industries often seems overwhelming. But, thoughtful management can utilize an important tool – internal investigations – to uncover and mitigate potential workplace-related liabilities before they spiral out of control. What is Workplace Misconduct? Workplace misconduct — such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud

Josh Zetlin May 12, 2022

Labor Peace Agreement Requirement for Cannabis Operations in California as required by AB 1291

Getting “Real” About Labor Peace Agreements: Assembly Bill No. 1291 And Its Implications

Earlier this month, Governor Newsom signed into law Assembly Bill No. 1291 (“A.B. 1291”), which amends Section 26051.5 of California’s Business & Professions Code to strengthen California’s pro-union requirements for cannabis companies. Specifically, the new law, which will go into effect on January 1, 2020, rewrites the express union organizing commitments cannabis companies must make as part of their state

Rogoway Law Group October 30, 2019

U.S. Supreme Court through its decision in Lamps Plus, Inc. v. Varela confirms that arbitration agreements should be taken seriously.

Lamps Plus, Inc. v. Varela Confirms (Yet Again) That Arbitration Agreements Should Be Taken Seriously

Recently the U.S. Supreme Court rendered its decision in Lamps Plus, Inc. v. Varela, 587 U.S. ____ (2019), reported at 2019 WL 1780275, a case with at least three striking lessons: Lesson #1 Because arbitration agreements are formed by contract through mutual consent, parties negotiating arbitration agreements should pay very careful attention to the specific words used in the contract.

Rogoway Law Group June 21, 2019

Section 26065 of MAUCRSA (Cal. Bus. & Prof. Code § 26065), which provides simply that employees “engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission.

Cannabis Cultivator Beware: A Wage & Hour Trap for the Unwary

Sometimes California’s cannabis laws can be surprising, even to the experts. Our firm came across one example of this recently: Section 26065 of MAUCRSA (Cal. Bus. & Prof. Code § 26065), which provides simply that employees “engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission.” A Brief

Rogoway Law Group June 6, 2019

A Wage & Hour Primer for HR Managers of California Cannabis Businesses

A Wage & Hour Primer for HR Managers of Cannabis Businesses

We are offering the following observations so that HR managers in the cannabis field can better understand some of the rules that govern wage and hour requirements here in California. These rules are important because failure to follow them can expose employers (the operating cannabis companies) and sometimes their executives to significant civil fines and penalties and, in the case

Rogoway Law Group December 20, 2018

Phantom Stock – Why Private Cannabis Companies Should Take Note

Privately held cannabis companies might want to give serious consideration to awarding their employees “phantom stock” rather than equity options. Working so close to Silicon Valley and its “option holder” millionaires, can make it easy for California entrepreneurs to forget the many challenges private companies face when awarding equity options to employees. Obviously, private companies lack a public market for

Rogoway Law Group November 21, 2018

Legal Insights