PDA

View Full Version : withholding pay until complying with drug test


alaskanlogger
04-25-2006, 10:17 PM
I work for a company in Kentucky that has enacted a drug screening to all employees without notification. We have been told that anyone not submitting to this drug screening will not recieve their pay check. I believe withholding pay by employer is a way of intimidating employees into violating thier privacy. This drug screening is being conducted by 1 or 2 upper management personal inhouse without proper trainning and questionable procedures in testing. When hired I never recieved an employee handbook or any information on company rules or regulations. It is very questionable about the employers reasons for this drug testing, we have not been told why. My main concern are my rights being violated and can employer withhold pay.

Pattymd
04-26-2006, 05:36 AM
I cannot address the drug testing policy and procedures per se, as that is not my area of expertise.

However, an employer cannot hold your paycheck for time already worked past the legally required due date. In Kentucky, you must be paid at least semi-monthly if nonexempt, and monthly if exempt, and both no later than 18 days following the end of the pay period. If your paycheck is held past that date, you have a claim for late payment of wages which would be filed with the state Dept. of Labor. As far as payment of wages is concerned, a threat to withhold pay is not a violation; it only becomes one when the payment is actually withheld past the required pay date.

cbg
04-26-2006, 08:44 AM
KY has no laws regarding drug testing. It's up to the employer.

Pattymd
04-26-2006, 09:42 AM
I knew you'd know, cbg. :D

Kentucky Labor Law Posters
Comply with Kentucky regulations with one Complete Kentucky Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.