Cannabis now is legal in several states and employees who violate the federal Controlled Substances Act (CSA) by distributing cannabis as part of his or her job are wondering if they are still subject to the federal Fair Labor Standards Act (FLSA). The Tenth Circuit demonstrated an answer to that question in the decision of Kenney v. Helix TCS, Inc., explaining that employers are not excused from complying with federal law simply because they are violating federal law in other respects. In addition, the court noted that employers in the cannabis industry should not gain an unfair advantage over other employers who are required to comply with federal law.
