Archive Monthly Archives: December 2018

Drug Testing

Drug Testing of Unemployment Compensation Applicants

The U.S. Department of Labor (DOL) recently published a notice of proposed rule-making (NPRM, document number 2018-23952) in the Federal Register proposing that states be permitted to enact legislation to require drug testing for a far larger group of unemployment compensation applicants than the previous rules permitted. According to the NPRM,

“This flexibility is intended to respect the diversity of States’ economies and the different roles played by employment drug testing in those economies. The DOL recognizes that imposing a nationally uniform list may not fully effectuate Congress’ intent that States be permitted to drug test when the only suitable work for an applicant is in an occupation that regularly conducts such tests.” This proposed rule would replace a 2016 DOL Rule that outlines specific occupations for which drug-testing would be permissible.

The comment period ends in 51 days, and written comments to the NPRM must be submitted on or before January 4, 2019.

For more information contact Congruity's team of professionals at: 844.247.4100.

December Congruity

December Congruity Q&A: PTO for Religious Holidays.

When employers provide employees with time off from work for religious holidays, are employers also required to pay employees during this leave of absence?

Federal law does not require employers to compensate employees for time taken off in observance of a religious holiday, practice, or belief. However, the requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, 

et seq., must be followed. Under the FLSA, an employer is not required to pay nonexempt employees for time off on a holiday, but must pay only for time actually worked. Alternatively, exempt employees who are given the day off must be paid their full weekly salary if they work any hours during the week in which the holiday falls. Employees may be allowed to use accrued paid time off or vacation for their absences due to religious holidays. For more information contact Congruity's team of professionals at: 844.247.4100.