Draft Multi

---
name: draft-multi-state-employee-handbook
task_id: employment-labor/draft-multi
description: Guides the drafter in producing a multi-state employee handbook and compliance issues memorandum for a cannabis employer, addressing jurisdiction-specific wage and hour exemption analysis, tip pooling, collective bargaining agreement interaction, and labor-law considerations.
activates_for: [planner, solver, checker]
---

# Skill: Draft Multi-State Employee Handbook for Cannabis Company

## 1. Subject-matter triage

- Identify all jurisdictions, employee groups, and policy families implicated by the source set before drafting.
- Separate the work into two outputs: a compliance issues memorandum and a complete handbook.
- Treat state-specific requirements, bargaining-unit carve-outs, and cannabis-specific policy constraints as first-order drafting inputs, not afterthoughts.
- If the source documents reveal multiple states, multiple job classifications, or multiple represented groups, enumerate them explicitly and analyze each separately rather than using one generic pass.

## 2. Failure modes the skill is correcting

- Drafter applies the federal wage-and-hour exemption framework without also analyzing stricter state-level exemption tests that apply in operating states.
- Drafter includes a tip pool policy without confirming which employee categories may participate under federal and state law, and without excluding managers and supervisors where required.
- Drafter fails to address employees covered by a collective bargaining agreement separately, causing handbook terms to conflict with collectively bargained terms of employment.
- Drafter writes conduct, confidentiality, or social media policies that could reasonably be read to chill protected concerted activity.
- Drafter ignores cannabis-specific issues such as drug testing, off-duty use, fitness-for-duty, and return-to-work rules that require state-specific treatment.
- Drafter produces a summary instead of a full handbook with operative policy language and implementation architecture.
- Drafter omits an issues memorandum that identifies compliance choices, legal risks, and unresolved drafting decisions before finalizing handbook text.

## 3. Legal frameworks / domain conventions that apply

- Wage-and-hour classification: analyze exemptions under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and parallel state wage laws and regulations; compare salary basis, salary level, and duties tests by role and by jurisdiction.
- Tip pooling: follow FLSA rules on tips and tip pools, including 29 U.S.C. § 203(m) and applicable Department of Labor regulations in 29 C.F.R. Part 531; confirm state-law restrictions on tip credit, tip sharing, and participation by managers or supervisors.
- Collective bargaining interaction: for represented employees, handbook provisions must yield to the applicable collective bargaining agreement; draft express carve-outs for scheduling, discipline, grievance handling, leaves, and any other negotiated subject.
- Protected concerted activity: social media, confidentiality, professionalism, and communications policies must be consistent with NLRA § 7 and NLRA § 8(a)(1), as interpreted by the National Labor Relations Board and controlling federal appellate authority.
- Cannabis operations: policies on drug testing, impairment, possession, off-duty conduct, and accommodation should be keyed to state cannabis employment rules, not merely to federal controlled-substance policy.
- State addenda: where states differ materially, use state-specific addenda or supplements rather than forcing one inconsistent base policy to do all work.
- Authorities should be stated with the controlling statute, regulation, or case name and section where applicable; do not assert a legal rule without naming the authority supporting it.

## 4. Analytical scaffolds

- Build the issues memorandum first as a jurisdiction-by-topic analysis, then use it to shape the handbook.
- For each role or classification, compare federal exemption treatment against each state standard and note any state that narrows or expands coverage.
- For each tip-related policy, identify eligible participants, prohibited participants, and any state-specific restrictions on tip credits or service charges.
- For each handbook policy that could touch labor rights, test whether the language could be construed to restrict discussion of wages, hours, schedules, discipline, safety, or working conditions.
- For each represented employee group, identify the handbook provisions that must be subordinated to the collective bargaining agreement and flag any subject where local practice should be confirmed.
- For each cannabis-specific policy, assess operational enforceability, privacy sensitivity, and any state-law employee-protection overlay.
- When more than one state, role, or employee category is in play, list the full set first, then analyze each item on its own terms.
- End the advisory memorandum with concrete recommended actions that assign responsibility and timing; end the handbook with implementation-ready policy language, not commentary.

## 5. Vertical / structural / temporal relationships

- Put the collective bargaining agreement carve-out at the front of the handbook and repeat it in sections where conflicts are likely to arise.
- Structure the handbook in conventional sections: purpose and scope, employment relationship, equal employment opportunity, classification and timekeeping, pay practices, benefits and leave, conduct standards, communications and technology, confidentiality, safety, drug and alcohol, attendance and scheduling, discipline, complaints, separation, acknowledgments, and state addenda.
- Use a version-control block and table of contents so the handbook can be maintained across jurisdictions and revisions.
- Sequence the memo so that threshold legal choices appear before drafting recommendations that depend on them.
- Distinguish base policies from state-specific riders so later updates can be localized without rewriting the entire handbook.

## 6. Output structure conventions

- Produce two deliverables: a compliance issues memorandum organized by topic and jurisdiction, and a complete employee handbook organized in conventional handbook sections.
- In the memorandum, define an ordinal severity scale once at the top and apply it uniformly to each issue.
- For each memorandum issue, state the severity, the controlling authority, the jurisdiction(s) affected, the practical consequence, and the drafting choice required.
- Close the memorandum with a Recommended Actions section that assigns each action to counsel, HR, or another responsible business owner and ties it to a filing, rollout, or implementation milestone.
- The handbook should be written in clear plain language, with operational policy rules rather than legal analysis.
- Include a table of contents, effective date, revision history or version control, scope statement, and acknowledgment language.
- Include a statement that represented employees remain subject to their collective bargaining agreement where it applies.
- Include savings language in conduct, confidentiality, and communications policies preserving employees’ rights under applicable labor law.
- Avoid embedding scenario-specific dollar amounts, percentages, share calculations, or reconciliation arithmetic unless they are supplied in the source documents and necessary to the policy text.
- Do not rely on mere styling to communicate legal significance; the final deliverables must contain the operative policy language plainly in the text.