NLRB Advice Memoranda, Green Standard Cultivation, National Labor Relations Board, (Dec 13, 2024)

The Region submitted these cases for Advice as to whether the two individuals at issue who work at an indoor marijuana processing plant are exempt from the Act because they are agricultural laborers. We conclude that, using the FLSA's current definition of agriculture” that the Board is required to follow, the two individuals did not perform a sufficient amount of nonagricultural work to be covered by the Act. The Region should therefore dismiss the charges absent withdrawal.

Best,

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Advice

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