Flash Survey Reveals Half of Employers Don’t Test Applicants for Cannabis: 7 Biggest Employer Takeaways

by Todd Logsdon, Travis Vance, Kristin White, Fisher Phillips - JD Supra

48% of employers don’t test for cannabis in the pre-hire process, and many have made this choice to ensure they meet their talent acquisition and retention goals. In fact, 44% of organizations that do test for cannabis report they have faced challenges recruiting qualified candidates. Those are just a few of the findings from the latest FP Flash Survey conducted between September 23 and October 2, gathering information from nearly 1,000 employers across the country. The survey revealed seven key findings that provide an enlightening glimpse into the current state of cannabis testing, and could help you navigate this modern era.

Read more: https://www.jdsupra.com/legalnews/flash-survey-reveals-half-of-employers-7370891

California Employers Not Liable for Pre-Hire Drug Test Time, Expenses

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.

Read more: https://www.jdsupra.com/legalnews/california-employers-not-liable-for-pre-9832136/

Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth Circuit

by Lisa Barnett Sween, Sayaka Karitani - The National Law Review

In a recent decision by the Ninth Circuit, the Court of Appeals upheld the district court ruling in favor of grocery chain WinCo Holdings, Inc., holding that plaintiffs who were not yet employees when they took drug tests were not entitled to compensation for the time spent being tested.

In Johnson v. WinCo Foods Holdings, Inc, et al. (WinCo), a class of applicants who successfully received job offers and subsequently were hired as employees of WinCo brought claims alleging, they should have received compensation as an employee for the time and expense of taking a pre-employment drug test. Under WinCo’s procedures at the time, a hiring manager would call successful applicants to extend a job offer contingent on the completion of a background check and drug test. WinCo paid for the testing fee but did not compensate for travel expenses or the time required to undergo the testing.

Read more: https://www.natlawreview.com/article/pre-employment-drug-testing-not-compensable-under-california-law-holds-ninth-circuit