Ann Kiernan replies:

Probably. According to the Department of Labor’s FLSA Hours Worked Advisor, for “physical examinations, fingerprinting and drug testing…time you spend traveling to and from the tests, waiting for and undergoing these tests, or meeting other requirements is probably hours worked.” Since the time spent at a work-related drug test or a physical counts as “hours worked” it’s a good bet that a required COVID-19 test falls into the same category.

Posted 09-21-2020

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.