Legal Expert Decodes Cannabis Employment Law: Challenges And Future Trends

In a captivating exchange on the Benzinga Cannabis Insider podcast, Brett Gelbord, a distinguished business attorney from Dykema Labor & Employment Group provided perspectives on the intricate evolution of employment law in the cannabis industry.

With over a decade of expertise, Gelbord delved into the multifaceted intersection of legality, workforce challenges and regulatory dynamics.

A Maturing Industry With Enhanced Compliance

Gelbord highlighted the early industry focus on regulatory compliance, noting the initial oversight of crucial employment policies. However, he outlined the industry’s shift towards more robust employment agreements and meticulously crafted employee handbooks, marking a clear trajectory towards increased quality and compliance.

Navigating Federal Regulations And Real-World Employment Issues

Discussing federal impacts on cannabis employment practices, Gelbord discussed the applicability of federal employment laws despite cannabis’s federal illegality. He stressed potential risks for employers not adhering to these regulations, describing the legal tightrope companies must walk.

When asked for a real-world employment issue his firm had helped solve, Gelbord recounted a case involving a terminated employee turned whistleblower. His expertise unveiled the legal complexities and heightened liabilities for employers in such contentious situations.

Safeguarding Competitive Edge: Protecting Trade Secrets

The conversation then navigated through safeguarding trade secrets, a critical facet for businesses within the sector. Gelbord elucidated the significance of protecting proprietary information that bestows a competitive edge. From workflow optimizations to customer lists, he detailed how legal mechanisms, including non-compete agreements and employment clauses serve as bulwarks against unfair competition.

Analyzing Unionization Trends In The Industry

Shifting the focus to an emerging trend, Gelbord addressed unionization efforts within the cannabis industry. He highlighted the varying impacts based on employers’ attitudes and workplace environments. The discussion delved into the legal nuances, notably mentioning the classification of agricultural workers and its implications for unionization.

Anticipating Future Trends In Cannabis Workforce

Looking ahead, Gelbord foresaw a workforce maturation, anticipating a more sophisticated skill set among employees. He predicted the potential rise of specialized roles and new categories in the cannabis industry, foreseeing a potential niche in consultancy services tailored to elevate the sector’s operational standards.

Gelbord’s expert insights shared on Benzinga’s Cannabis Insider podcast serve as a vital roadmap for navigating the intricate legal landscape within the cannabis industry.

Watch the full interview: