My son is drug tested every week before he gets his paycheck.

[maveric]

Told me that his whole crew must submit to and pass a drug test before they can receive their paychecks. I asked him what would happen if your test showed up positive and he said that they keep your check for violating the company policy.
Does this sound legal to you?
This is a shipyard subcontractor who hire laborers, mostly young people and minorities, to clean the bilges of naval vessels.

[Rabrrrrrr]

1. I shouldn't think it's legal, since a person is getting paid for work

already done. Unless they get paid in advance.

Though I could imagine the company would say "Yeah, he already worked those hours, but he worked them while on drugs, so they don't count since he was in violation of company policy".

So, my totally unreasoned lawerly advice, from me, a guy who never studied law, is to say "I have no idea, but felt the need to comment anyway because I like bloviating on shit I don't know anything about"

[Tandalayo_Scheisskopf]

2. No.

They cannot attach wages without a court order. This is patently illegal. He needs to contact the state labor board and report this.

[WI_DEM]

3. It sounds weird

[BikeWriter]

4. If it happens report it as theft of services.

[Dogmudgeon]

5. Illegal

There's still such a thing as Due Process. And withholding pay illegally is called "theft".

The contractor is advertizing for a lawyer to sue him.

--p!

[In_The_Wind]

6. theft of services if there is non payment of work that's been done

[maveric]

7. He may have, unknowingly signed a release that they slip in with

all the other papers you need to sign just to get the job.
The shipyards are notorious for this.

[In_The_Wind]

12. I don't think they have a leg to stand on about non payment even if

he signed something.

Just because it's in writing doesn't make it legal if the agreement goes against state labor laws.

[SOteric]

8. Google is your friend...

http://www.entrepreneur.com/article/0,4621,297435,00.html

Federal is even more strict, so I guess it depends entirely on whether your son is employed by private industry or employed by the Navy, government, etc.

[medeak]

9. we have to drug test employees but have extensive plan

for those who test positive through our safety dept. They go through counseling and evaluation to determine if it is habitual and they require help.

We are forced by MSHA to be drug free to enter mine sites and this policy beats the heartbreak of losing employees to fatalities any day.

I would think a shipyard contractor would be under same federal regulations for OSHA safety and would be grateful they were requiring such of my son.

[Prisoner_Number_Six]

10. Good thing I don't have to worry about that

since I own my own company. (I LOVE to say that!)

Toke, anyone? Just promise not to bogart it... :rofl:

[sniffa]

17. you hiring?

:yoiks:

[Renew Deal]

11. It can't be legal.

But there is no room for crackheads on a boat. The law is strict.

[maveric]

14. They mainly test for weed.

Crack, meth and other chemical substances are easier to hide during a screen.

[miss_kitty]

13. It's not legal

You must get paid for work. It's federal law. At least for now.

[WMliberal]

15. it's illegal. They HAVE to pay you for work you already did.

I'd try to get direct deposit if I were him. Second, call the Better Business Bureau and inform them of this company's policy.

[bridgit]

16. to my mind, with-holding pay for services rendered...

is not legal; it is an offense for which remedy ultimately exists, but i'm no lawyer

[Spock_is_Skeptical]

18. It sure as hell doesn't sound legal to me.

Even if they had him sign something, it still sounds completely illegal.

[SammyWinstonJack]

19. I have know of random drug testing and in fact my husband

in his job is subjected to it, but this seems extreme. I would think that would be illegal? Keep his paycheck if he doesn't pass a drug test? That doesn't seem right or legal.