Labor Laws: Is it a Legal Deduction from Your Paycheck?

Have you ever worked for a company that has deducted money from your paycheck for a required drug test? Each state has different guidelines and it may be to your advantage to check the labor laws for your particular state. You may have been charged for something that is not a legal deduction in your state.

I accepted a job through Spartan, a temporary agency, and was informed that I would be charged $30.00 for a non-refundable drug test. I thought the cost was quite steep, as I am sure the test only cost them a few dollars. But, what can I do? If I refuse the test I won't get to work. They may appear to be considerate by not taking it out all at of your check at once, but don't let that fool you. As far as I know, all of the temporary services in the surrounding counties charge at least $10.00 for the drug test.

Sometimes we accept things as "just the way it is" when maybe we should question some of them. Can you imagine how much money they make charging $30.00 for every person they send to work? Even if the person only works a couple of days, they pay for the test. If they are sent to a different job a few days later, they are charged another $30.00 for another test.

I was talking to a friend who used to work for another temporary service and she informed me that in the state of Indiana it is not legal to charge the employee for the drug test. I contacted the local Spartan office and she acted as though it was a surprise to her and said she had never heard that before. She said she would contact the home office right away.

I searched the internet and couldn't find anything specific about being charged for the drug test in Indiana. I finally sent an email to the Indiana Department of Labor and asked if the charge was legal. This is the reply I received: "In regards to your inquiry "is it illegal to charge employees for a drug test", I'm unable to answer this question as competently and thoroughly addressing your inquiry may require legal analysis and legal advice that the Indiana Department of Labor is unable to offer on a routine basis. On the other hand, there are currently 13 legal deductions for which an employer may deduct from an employees paycheck. In which the deduction mentioned does not fall within the legal deductions out of a payroll check."

I spoke with the local Spartan office on the telephone and read the reply to her. She said she would contact home office again, claiming that they had not gotten back with her. It's hard for me to believe that a company, especially a big company, is not aware of what is and is not a legal deduction. When I spoke to the local office again about getting my money back, she said that the home office didn't believe me. So, I forwarded the email to my her. In a few weeks, my much needed $30.00 was refunded.