by Paul Lynd, ArentFox Schiff - JD Supra

California employers do not have to pay applicants for time or expenses related to taking a pre-employment drug test, when the employer made hiring contingent on passing the test, according to a recent decision. Under those facts, the US Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods, LLC that the individuals were not yet employees, so their prospective employer thus did not owe them wages or expenses for taking the test.