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Labor/Employment

Feb. 9, 2021

Must employers pay for pre-employment drug testing time?

Pre-employment drug testing is a common practice by California employers, and one that has not been the subject of significant employment litigation in California.

Robin E. Largent

Partner
Martenson, Hasbrouck & Simon LLP

Email: rlargent@martensonlaw.com

Robin advises and represents employers in employment-related litigation and compliance matters.

Pre-employment drug testing is a common practice by California employers, and one that has not been the subject of significant employment litigation in California. Some plaintiffs' lawyers are now making it the subject of litigation, and the reason may surprise readers. The theory behind several recently filed lawsuits is that an employer violates California law by not paying applicants for their time and transportation expense (e.g. mileage) incurred in connection wi...

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