An appellate ruling for a federal case originally filed in San Bernardino Superior Court has decided that employers are not responsible for the time or expense a person undergoes to take drug tests before being accepted as a new hire.
In a class action suit filed Aug. 23, 2017, Alfred Johnson had sued WinCo Foods for not paying him and others to take drug tests.
He claimed that he must be considered as an employee under California law at the time he took the drug test.
The appellate panel disagreed, saying that Johnson was not performing work for WinCo when they required he take a pre-employment drug test; it
