Practical Answers to Employment Law Issues
June 29, 2022 - Wage and Hour

Drug Tests and Attorney's Fees

This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d).


The Court holds that job applicants to supermarket chain were not employees at the time of mandatory pre-employment drug test, and therefore not entitled to compensation for the taking the test.

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