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- FLSA Hours Worked Advisor

Physical Exams, Fingerprinting and Drug Testing

After being hired, employers often require employees to take certain tests as they begin employment or on a periodic basis during their employment, such as physical examinations, fingerprinting and drug testing. Whenever an employer imposes special tests, requirements or conditions that you must meet, time you spend traveling to and from the tests, waiting for and undergoing these tests, or meeting other requirements is probably hours worked.

It does not matter whether these tests are scheduled during your normal working hours or during your non-working hours. Time spent in these activities is time during which your freedom of movement is restricted for the purpose of serving your employer and during which you are subject to your employer’s discretion and control.

For more information, please contact your local Wage and Hour District Office.

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