Clever argument about overtime in the marijuana industry fails to get high

A security guard working for a Colorado company that provided services to the marijuana industry sued his employer for failure to pay him and his fellow employees overtime wages. The company claimed it didn't have to comply with the Fair Labor Standards Act (FLSA) because the industry for which it provided services was forbidden by the federal Controlled Substances Act (CSA.) The federal trial court ruled this argument didn't fly. The U.S. Court of Appeals for the 10th Circuit (whose decisions are controlling in New Mexico employment cases) agreed. Even if the employer is engaged in a business prohibited by federal law, it has to comply with the FLSA and pay its employees minimum wages and overtime.

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