Who pays for a drug test? Does an employee have to be paid for time spent having a drug test?
According to SAMHSA, an employer normally pays for a drug test. Also, time spent having a required drug test is generally considered hours worked (and thus compensable time) under the Fair Labor Standards Act (FLSA), a U.S. Department of Labor (DOL) regulation, for employees who are covered by the Act. These types of issues are overseen by DOL’s Wage and Hour Division. For further guidance, please contact the closest DOL Wage and Hour District Office.
First, it is important to note that the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing. According to the Substance Abuse and Mental Health Services Administration (SAMSHA), an employer normally pays for a drug test. Also, time spent having a required drug test is generally considered hours worked (and thus compensable time) under the Fair Labor Standards Act (FLSA), which is a DOL regulation, for employees covered by the Act. These types of issues are overseen by DOL’s Wage and Hour Division. For more guidance, please contact your closest DOL Wage and Hour District Office.
According to SAMHSA, an employer normally pays for a drug test. Also, time spent having a required drug test is generally considered hours worked (and thus compensable time) under the Fair Labor Standards Act (FLSA), a U.S. Department of Labor (DOL) regulation, for employees who are covered by the Act. These types of issues are overseen by DOLs Wage and Hour Division. For further guidance, please contact the closest DOL Wage and Hour District Office. Is drug testing legal? In most cases it is legal for employers to test employees for drugs. No Federal laws prohibit the practice. However, there are several states that restrict or question an employers ability to randomly drug test employees who are not in safety-sensitive positions. Thus, it is very important that employers familiarize themselves with the various state laws that may apply to their organization before implementing a drug-testing program. Furthermore, under certain circumstances, someone with a history of alcoholism or dr