Pay Employees for Drug Testing?

January 15, 2010 at 9:50 am Leave a comment

Should employees paid for time spent going to mandatory drug testing?

Yes. The Department of Labor (DOL) does not oversee workplace drug testing, but the Fair Labor Standards Act (FLSA) provides guidance as to what are considered compensable hours worked. For various reasons – including regulations, drug-free workplace policies and position relevance – some employers require employees to participate in mandatory pre-employment and after-hire drug testing. Employers are not required to compensate a person for any time spent on pre-employment drug testing. Once hired, FLSA guidance requires employers to compensate employees when they go for such testing because the drug testing is mandated by the employer.

Excerpted from HR Magazine, December 2009

Note: Posts in this blog are for information only, and are NOT legal advice.

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