- Written by Jacquelyn Larson and Greg Blueford
California voters have passed Proposition 64, legalizing marijuana for recreational use for adults over the age of 21. However, because marijuana is still classified as a Schedule I substance and is illegal under federal law, employers will still have the right to maintain a drug free workplace.
First, Prop 64 will not take effect immediately. While individuals will be allowed to grow, possess and smoke certain amounts of marijuana recreationally after its official passage, dispensaries will not be licensed to sell recreational marijuana until January 1, 2018.
Second, the use of marijuana may still be prohibited in the workplace. Prop 64 states that its intent is to “allow public and private employers to enact and enforce workplace policies pertaining to marijuana.” Further, the law states that it will not be construed or interpreted to:
UPDATE: What A Wreck - 21 States and Dozens of Business Groups Crash The Courts to Halt DOL Overtime Rule
- Written by Gregory Blueford
Last week, twenty-one states, including Arizona and Nevada, sped in and filed an emergency motion for preliminary injunction contesting the constitutionality of the Department of Labor’s (“DOL”) new rule expanding overtime protections for “white collar” workers under the Fair Labor Standards Act (“FLSA”), which raises the salary threshold for the white collar exemption to $47,476, and which you can read more about here. This motion, filed in a Texas federal court, seeks to keep the overtime rule from taking effect until there can be a full hearing on the merits of the law (and potential review by higher courts). The States are arguing that the application of the overtime rule is a violation of the Tenth Amendment right to sovereignty and that the new law will result in irreversible budget damage to the States.