What are the restrictions on employee drug testing?

In Virginia, employers are allowed to screen prospective and current employees for drug or alcohol use. There are several restrictions on employee drug testing set out in the state’s wage and hour law. First, employers must obtain written consent from the employee before conducting a drug test. This consent must be voluntarily given by the employee in advance of the test. Refusal to take the test or failure to provide consent can be grounds for refusal to hire or termination. Second, employers are not permitted to conduct random drug tests without a “reasonable suspicion” that the employee is using or has used drugs or alcohol. This reasonable suspicion must be based on specific, observable behavior. Third, drug tests must be conducted by a laboratory certified by the Virginia Department of Health. The laboratory must use recognized testing procedures and report the results to the employer. Fourth, results of a drug test must be kept confidential. This means that employers cannot disclose the results to anyone other than the employee. Finally, employers can only use drug test results in connection with employment-related decisions. This means that employers must consider other factors when deciding whether to hire or terminate an employee. Overall, employers in Virginia must abide by certain restrictions when conducting employee drug tests in order to ensure that employees’ rights and privacy are respected.

Related FAQs

Is it legal to dock an employee's pay for violating a policy?
When can an employer legally deduct wages from an employee's paycheck?
What are the implications of not complying with wage and hour laws?
What are the rules for paying overtime?
How are breaks and overtime calculated?
What is the Family and Medical Leave Act (FMLA)?
Are there any exceptions to minimum wage laws?
What provisions does the FLSA provide for overtime pay?
Are employers allowed to offer bonuses in lieu of wages?
Are employers allowed to pay tipped and non-tipped employees different wages?

What are the restrictions on employee drug testing?

Related FAQs

Related Blog Posts