Can an employer drug test young workers?
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As a general rule, if an employer can conduct drug testing, it can conduct drug testing of all employees, regardless of age. DOL’s Fair Labor Standards Act (FLSA)—the primary law that sets the rules governing the employment of workers under the age of 18—does not address drug testing. Therefore, the rules on this subject are the same for young workers as they are for adult workers. In fact, the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing at all. However, it is important to note that there may be state laws that impact if and how drug testing can be implemented for any employees. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor. You may obtain more information about drug testing from the Substance Abuse and Mental Health Services Administration (SAMHSA)/Center for Substance Abuse Prevention (CSAP)/Division of Workplace Programs (DWP) o
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