We all know the Oregon cannabis industry is struggling. We write often about the causes on a macro level, possible solutions, and what we see as business litigators. We haven’t written much about one of the basic areas of employment law that applies to Oregon marijuana businesses: workers rights to wages and employer responsibilities. As marijuana businesses shutter, employees and employers should pay careful attention to Oregon’s wage laws. This post addresses basic things marijuana employees and employers ought to know about paying wages when employment ends.

No formal contract is required to create an employment relationship

There is no requirement under Oregon law for a formal contract to establish an employment relationship. As long as the ordinary elements of contract formation are present an employment relationship exists. Usually this means that the person for whom the service is performed (employer) agrees to have another perform the service (employee) for a certain remuneration (wages). And where the putative employer has a right of control over the services provided by the putative employee.  Typically this boils down to compensation and right-of-control.

When these elements are present an employer’s promises of wages and benefits are binding. On the flip side, the general

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New York State budget talks are hung up on how to curb an onslaught of unlicensed cannabis retailers. It is self-evident that these illicit weed joints are hurting the ability for the cannabis industry to begin and grow. However, until there are more legal shops that compete with the illegal stores, it seems the State cannot shut them down or drive business into the regulated market. Lawsuits such as the one we recently covered by New York City against unlicensed operators and their landlords don’t seem to have not deterred most operators.

Huge fines proposed for unlicensed cannabis retailers

While the State issues additional condition adult use retail dispensary licenses, Gov. Kathy Hochul proposed legislation weeks ago to empower state agencies to increase fines on illegal sites from a paltry $250 to as much as $10,000 per day. State agencies would also be allowed to shutter the illegal cannabis stores for good. Mayor Adams previously complained that $250 was paltry and a mere slap on the wrist.

State senators showed they are devoting more legislative energy to the topic by commemorating the so-called “4/20” pot holiday April 20 with the establishment of a new subcommittee focused on cannabis issues.

Law enforcement

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On April 13th, I moderated a webinar about cannabis taxes called “IRS Enforcement of Cannabis Operators is Here – What Do We Do Now?“. Cannabis taxes should scare anyone in the industry, but federal incomes taxes under I.R.C. 280E probably take the cake when it comes to general anxiety. Our webinar featured Ani Gaylan and Jonathan Kalinski who are both tax attorneys from Los Angeles, representing clients in the cannabis industry facing 280E audits and controversy cases. Jonathan even handles the criminal aspect when the IRS comes calling. If you didn’t attend the webinar, below are the key takeaways about cannabis taxes and the IRS.

It’s not a matter of “if” but “when” for audits on cannabis taxes

Ani and Jonathan both agree that the IRS is ramping up its pursuit of audits against cannabis businesses. In case you forgot, I.R.C. 280E dictates that, if you traffic in a schedule I or II controlled substance (and cannabis is in schedule I), you cannot take normal business deductions or credits. You only get Costs of Goods Sold (“COGS”). The effective corporate income tax rate then for cannabis businesses is sky high, unless those businesses can capture more COGS.

The IRS has

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