Marijuana Overtime Case Won’t Get Full 10th Cir. Review (1)

A Colorado marijuana company must face a security guard’s overtime lawsuit, after it failed to convince the full Tenth Circuit to reconsider its ruling that federal wage-and-hour requirements protect marijuana industry workers despite clashes with federal drug laws.

Helix TCS, which provides infrastructure for recreational marijuana operations, argued that a panel of the U.S. Court of Appeals for the Tenth Circuit improperly extended protections under the Fair Labor Standards Act because the work itself violates federal drug laws. The appeals court declined to revisit the case Jan. 31, noting that no judge requested a vote on the petition.

Robert Kenney, ...