California Employment Law
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I was offered a job at Walmart and went to the clinic next to Queen of the Valley Hosp for a UA drug screen and was told half hour to 45 minutes wait after one hour I saw that at least three people were still ahead of me. When the nurse came out I asked if they could pickup the pace a little that I had many other things to do. He then told me to lower my voice that he had other patients I said I was talking to him. then he said he was going to ask me to leave I told him that he was in breach of contract because of the time. Then he told me that I had to leave. I really was not loud but he was across the room & I really was not that loud. He had no right to talk to me like that. After being in Prop 36 and testing at probation I saw them test people at a rate of one test every 2 minutes. He had no right to ask me to leave and lose this job. Please call me to let me know what you think of this. xxxx xxxxxx xxx xxx xxxx
Hello and thank you for your question today
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There is no set requirement as to how long a drug screen can take, however, the Fair Labor Standards Act (FLSA) states that drug tests can be considered compensable hours worked, which you must be compensated for. While employers are not required to compensate a person for any time spent on pre-employment drug testing you mention that you were offered a job. Thus, if you were officially hired, FLSA guidance requires employers to compensate employees when they go for such testing because the drug testing is mandated by the employer.According to the DOL web site, “Whenever you impose special tests, requirements or conditions that your employee must meet, time he or she spends traveling to and from the tests, waiting for and undergoing these tests, or meeting the requirements is probably hours worked.” Because the employee must participate in the testing as a condition of employment, it will restrict the employee from performing other responsibilities. Therefore, the time of day an employee is scheduled for the testing (e.g., before work, during work hours or after work) does not determine whether the employee will be compensated. The facts that the testing is under the employer’s control, related to the company business and a condition of employment will meet the standard for that time being counted toward hours worked. So, while you would not have a cause of action for how rude these people were to you, you would be able to make an unpaid wage claim for all of the time you had to sit there.
This can be done here:
Any retaliation for filing such a claim would result in a much larger claim of retaliation and you should contact an employment attorney in your area immediately. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.
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you misunderstand I was at a pr employment drug screen they ask me to leave witch infers i was dirty and lost the position because of it . I feel they owe me one years wages
I apologize for the misunderstanding. Unfortunately, I do not know if I have the good news you are looking for. I will opt out to see if another expert may be able to better assist you in this matter in case they know something I do not. I wish you the best of luck and hope somebody responds to you soon.
I know the reception heard it and all the clients could we get a list from reception for witness?
They told me no more than hour and i was ready to pee my pants they thought their name was God him self. I am in prop 36 and watch counselors administer drug screen at a rate of one every two minutes. He needs to punished for his arrogant demeanor. I am not a lamb for slautor I am a ram/citizen of the USA AND DESERVE SOME RESPECT hE COST ME A JOB!!!
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do you think I have a case? Should I seek civil representation? The reception could be sworn in as witness.