Senate panel advances bill to extend labor protections to New Jersey cannabis workers
TRENTON, N.J. — A Senate committee on Tuesday advanced legislation that would guarantee labor protections for cannabis workers, including the right to unionize and safeguards against unfair labor practices.
The bill, sponsored by Sens. Troy Singleton and James Beach, aims to ensure cannabis employees receive the same organizing and bargaining rights afforded to most private-sector workers under the National Labor Relations Act (NLRA) and to public workers under New Jersey law. Because federal law excludes agricultural workers, uncertainty remains over whether employees of licensed cannabis cultivators are covered, prompting the need for state action, lawmakers said.
“Cannabis workers should have the same rights and protections that law guarantees for other workers. Yet, right now they exist in a legal grey area that may unduly deprive them of those protections,” said Senator Singleton, vice-chair of the Senate Judiciary Committee. “This bill will ensure that they are treated just like other workers, with the right to organize, protections against unfair labor practices, and the establishment of an enforcement mechanism to ensure that employers are not violating labor law.”
The measure would prohibit cannabis employers from interfering with employees’ rights, dominating or influencing employee organizations, discriminating against workers who exercise their rights, refusing to bargain in good faith, or violating board regulations.
“State law currently protects labor protections for other types of cannabis workers, such as those who work in medical or recreational dispensaries, and it should similarly protect those working for licensed cultivators,” said Senator Beach. “The present lack of clarity, stemming from the federal NLRA, necessitates state action to guarantee these rights to every type of worker in the cannabis industry.”
Under the bill, the New Jersey State Board of Mediation would be authorized to enforce the law, order offending parties to stop unfair labor practices and require remedial action such as paying back wages, costs and damages equivalent to wages owed. The measure would also make it an unfair practice for cannabis employers to encourage or discourage workers from joining or assisting a union or from maintaining membership.
Penalties for noncompliance would increase from a maximum of $1,000 to up to $5,000 per day.
