New Orleans, LA asked in Employment Law for Louisiana

Q: I am being charged for a DISA mandated rehab drug test thru my employer as a condition of employment.

I live in Louisiana, and have referred my employer to statute RS23:897, which states that an employer must pay for any drug testing, period, as a condition of employment. Can you please provide me with a clear interpretation of this statute?

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1 Lawyer Answer
J. Heath Dillon
J. Heath Dillon
  • Leesville, LA
  • Licensed in Louisiana

A: I think you're right, both in interpretation of the statute and in practice. It is my experience that an employer pays for drug testing when necessary as a condition of employment.

I write this to say your issue is worth discussion with an attorney who could fully develop the facts, research your issue and provide specific legal advice/guidance.

Perhaps this issue could be resolved through cordial education of your employer with the assistance of hired counsel.

As a practice tip - continue to do your job and don't give the employer other cause to take action against you while this issue is pending. Good luck.

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