No payment due for pre-employment drug test time and travel costs
In addition, Labor Code section 2802 requires an employer to compensate its employees for all expenses and losses an employee incurs directly from “the discharge of his or her duties.”
The question has been raised in several recent cases in California federal trial courts brought against a range of employers. Those courts that have addressed the question so far uniformly have ruled in the employers’ favor. A group of WinCo employees sued, claiming they should have been compensated for their test-related time and travel expenses.The 9th Circuit upheld the trial court’s summary dismissal of the suit. The court rejected plaintiffs’ contention that they were entitled to payment because they were under the employer’s control in taking the drug test when, where, and how the employer instructed.
“There are many ways in which employers exercise some degree of control over job applicants. They may require that applicants appear at a certain time and place for an interview; that they undergo a writing or skills test…. The fact that employers control the ‘manner’ in which these activities take place does not magically convert applicants into employees.”
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