Cannabis producers make up the biggest selection of Oregon field licensees. As of the Oregon Liquor Handle Commission’s (OLCC) February 15, 2018 report, there are 922 certified producers and approximately 1100 producer licenses awaiting acceptance. In comparison, the following biggest license class is retail establishments, with a whole of 527 authorised licenses and around 200 awaiting acceptance. Clearly, certified cannabis farms are main the pack.
Cannabis farm workers are from time to time matter to extra statutes, principles, and restrictions that do not use to non-farm workers. For this motive, if you are an Oregon cannabis producer, it is critical to be familiar with agricultural principles as properly as the OLCC cannabis principles. One specifically critical area to be knowledgeable of is hourly payments for hashish farm workers. Underpaying farm workers can have disastrous implications, and overpaying workers only mainly because you do not have an understanding of the principles is a poor business design.
Specified hashish farm workers are exempt from extra time payment demands. For instance, workforce engaged in agricultural get the job done 100 p.c of the workweek are exempt from extra time pay demands. Agricultural get the job done is broadly defined to incorporate farming in all its branches, which includes, but not constrained to the cultivation and tillage of soil, the generation cultivation, expanding and harvesting of any agricultural or horticultural commodities and any methods carried out by a farm or on a farm as an incident to or in conjunction with farming operations. If an personnel handles or in any other case will work on duties that are not connected with farming, that personnel need to be paid out over time for any hours labored in excessive of 40.
Oregon employers can from time to time also be exempt from having to pay minimal wage to agriculture workforce. Each federal and condition regulations give minimal wage exemptions for tiny farms. A hashish producer employer need to be certain the hashish farm personnel is exempt below the two federal and condition minimal wage demands to avoid liability.
Below the federal Reasonable Labor Criteria Act, agricultural employers do not have to pay minimal wage to workforce if the employer did not make use of more than 500 gentleman-times of agricultural labor in any calendar quarter of the preceding 12 months. A “man-day” is defined as any working day through which and personnel performs agricultural labor for at least one hour. So for instance, if you used two hashish farm workers on October 20, 2017 to cultivate plants and each and every labored a whole of 4 hours, that is equivalent to two gentleman-times.
In Oregon, employers do not have to pay minimal wage to agriculture workforce if the employer did not make use of more than 500 piece-price get the job done times in any calendar quarter in the preceding 12 months. Piece-price get the job done is defined as pay calculated on the foundation of the amount of crop harvested. Once again, the personnel need to be exempt below the two federal and Oregon minimal wage demands here.
It is critical to accurately classify your hashish farm workers. Violation of wage and hour regulations can come with hefty fines. If you are uncertain if your workers are exempt from minimal wage or extra time demands, have an legal professional or other certified personal critique your pay methods, and make certain your personnel handbook is in line with recent federal, condition and regional law.