In the ever-evolving landscape of the cannabis industry, where businesses are sprouting up and regulations are continually shifting, it’s crucial for employees to understand their rights in the workplace. Whether you’re a budtender, cultivator, processor, or work in any other capacity within the cannabis sector in Michigan, knowing your rights empowers you to advocate for fair treatment and a safe working environment. In this guide, we’ll explore various aspects of employee rights and how you can take action if those rights are violated.
Wage and Hour Complaints
Wage and hour complaints involve disputes over compensation, including issues related to minimum wage, overtime pay, breaks, and other labor standards. In Michigan, the state’s labor laws outline specific requirements that employers must follow regarding wages and hours. If you believe your employer has violated these laws, you have the right to file a complaint with the Michigan Department of Labor and Economic Opportunity (LEO) Wage and Hour Division. Examples of wage and hour violations may include:
- Failure to pay minimum wage
- Denial of overtime pay for hours worked beyond the standard 40-hour workweek
- Illegal deductions from wages
- Misclassification of employees as independent contractors to avoid paying overtime
Harassment Complaints:
Harassment in the workplace can take various forms, including sexual harassment, discrimination, bullying, and retaliation. It creates a hostile work environment that can negatively impact an employee’s well-being and job performance. In Michigan, both state and federal laws prohibit workplace harassment. If you experience harassment or witness it happening to a coworker, you have the right to report it. Examples of harassment include:
- Verbal abuse or offensive language
- Unwanted advances or sexual comments
- Discriminatory behavior based on race, gender, religion, or other protected characteristics
- Retaliation for reporting harassment or participating in an investigation
You can file a harassment complaint with the Michigan Department of Civil Rights or the U.S. Equal Employment Opportunity Commission (EEOC).
OSHA Complaints:
The Occupational Safety and Health Administration (OSHA) sets and enforces workplace safety standards to protect employees from hazards that could cause injury or illness. If you believe your workplace is unsafe or does not comply with OSHA regulations, you have the right to file a complaint with OSHA. Examples of OSHA violations in the cannabis industry may include:
- Lack of proper ventilation systems to control exposure to cannabis dust or fumes
- Inadequate training on handling hazardous materials
- Failure to provide personal protective equipment (PPE) such as gloves or masks
- Unsafe equipment or machinery in cultivation or processing facilities
Filing an OSHA complaint can initiate an investigation into the safety practices of your employer and potentially lead to improvements in working conditions.
Pesticide Complaints:
Pesticide exposure is a significant concern in the cannabis industry, particularly during cultivation. Improper use or overuse of pesticides can pose serious health risks to workers and consumers alike. If you suspect that your employer is using illegal or unsafe pesticides, you can file a complaint with the Michigan Department of Agriculture and Rural Development (MDARD). Examples of pesticide-related violations include:
- Use of banned pesticides or pesticides not approved for cannabis cultivation
- Failure to follow label instructions and safety guidelines when applying pesticides
- Lack of proper training for handling and applying pesticides, including understanding SDS’s (Safety Data Sheet)
- Failure to maintain records of pesticide use as required by state regulations (SDS’s)
By reporting pesticide violations, you contribute to ensuring the safety and quality of cannabis products and protecting the health of workers and consumers.
NLRB Charges:
The National Labor Relations Board (NLRB) safeguards employees’ rights to engage in collective bargaining and other concerted activities to improve their working conditions. If you believe your employer has violated your rights under the National Labor Relations Act (NLRA), you can file charges with the NLRB. Examples of NLRA violations in the cannabis industry may include:
- Retaliating against employees for discussing wages or working conditions
- Interfering with employees’ rights to organize or join a union
- Implementing policies that restrict employees’ ability to engage in protected concerted activities
Filing NLRB charges can lead to investigations and legal proceedings aimed at remedying unfair labor practices and protecting workers’ rights to organize.
Understanding your rights as an employee in the cannabis industry is essential for safeguarding your well-being and advocating for fair treatment. Whether it’s addressing wage and hour violations, combating harassment, ensuring workplace safety, preventing pesticide exposure, or protecting your right to organize, know that there are resources and agencies available to support you in asserting your rights. By staying informed and taking action when necessary, you contribute to creating a more equitable and respectful workplace for yourself and your colleagues.
