Johnson v. WinCo Foods, Ltd. Liab. Co., No. 21-55501, 2022 U.S. App. LEXIS 16166 (9th Cir. June 13, 2022)
This decision holds that an employer did not have to pay job applicants for the time and expense of taking drug tests as a precondition for employment. The employer's control over the drug tests was not control over the performance of work and so didn't make the applicants employees. Nor was the drug test a condition subsequent to employment. Instead,… Read More