Attorneys for Helix argued that paying Kenney and other workers overtime would require a court to find that Congress intended to Attorneys for Helix argued that paying Kenney and other workers overtime would require a court to find that Congress intended to "both forbid" under the Controlled Substances Act "and reward" under the Fair Labor Standards Act "the same conduct: drug trafficking." (Credit: Liudi Hara/Shutterstock)

Employers in the state-licensed cannabis industry must still pay their workers overtime in compliance with federal labor laws even though marijuana remains illegal at the federal level, the U.S. Court of Appeals for the Tenth Circuit said Friday.

A unanimous three-judge panel affirmed a Colorado federal district court ruling allowing the Fair Labor Standards Act claims of marijuana security worker Robert Kenney to proceed against his former employer, Helix TCS Inc.

Recommended For You

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Cheryl Miller

Cheryl Miller, based in Sacramento, covers the state legislature and emerging industries, including autonomous vehicles and marijuana. She authors the weekly cannabis newsletter Higher Law. Contact her at [email protected]. On Twitter: @CapitalAccounts