Do we have to pay employee for going for drug test?

If I were to direct an employee to visit a drug testing lab during his lunch period or after he got off work, would the time spent traveling to and from the lab as well as the time spent being tested be compensable under FLSA?

Rita Risser's response:

I could not find the answer to this specific question under the FLSA. In California and probably many other states, an employer-mandated medical examination is considered hours worked. Under the FLSA, time spent for training after regular working hours is considered hours worked if attendance at the training is required by the employer. I think drug testing after hours would be considered comparable to mandated training, and therefore would be compensable.

I don't think the answer would be any different if you were a Temporary Agency.

I do want to confirm that this is a random drug test or a test part of a regular medical check, and not a test where the employer has reason to believe the employee is on drugs. There is a recent case in California which persuasively argues that where an employer sends employees for drug tests and tells the employees to drive themselves, the employer could not legally have a reasonable suspicion that the employees in fact were under the influence of drugs. This case is further explained in this What's New.

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