Is time spent performing drug tests considered compensable?

Many employers require new hires to go through certain tests, including fingerprinting, drug testing and sometimes physical examinations, depending on the type of work. However, managers may not know that under the Fair Labor Standards Act (FLSA), this time may be considered compensable, meaning they have to pay employees regular wages or overtime pay if the scheduled appointments push hours worked past 40 a week.

Required tests are considered hours worked in the same way the employers must pay employees for time attendance during training sessions. If workers are suffered or permitted to fulfill a task on behalf of their employer, they are owed compensation for that time. Even if workers leave the premises to attend a scheduled test or examination, their freedom is restricted by the employer, which means the time is considered compensable.

According to the FLSA, employers who require employees to take special tests must pay for

- any time spent traveling to and from the site where tests are performed
- waiting time before and after the test

If employees are asked to return to the business location after a required test, the employer can record the time as usual on their timekeeping system. If, however, employees are allowed to leave straight from the scheduled test, the employer might need a web-based payroll processing system that will allow them to clock out remotely.