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FLSA Hours Worked Advisor

Physical Exams, Fingerprinting and Drug Testing

After being hired, employers often require their 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 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.

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

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

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