Does an employer have to pay employees for time they spend taking a drug test?

Author: Jessica Sussman

Yes. The Fair Labor Standards Act requires employers to compensate employees for their time spent taking a drug test if the test is mandated by the employer. When an employer imposes drug testing requirements on employees, the employees must be compensated for the time spent traveling to and from the tests, waiting for and undergoing these tests, or meeting the requirements of the test. As the testing is under the employer's control, related to the company business and a condition of employment, such time is considered hours worked.