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New York Federal court: Employer does not need to compensate employees for time spent at mandatory drug counseling

from The National Law Review

Employers need not shy away from compelling their employees to seek alcohol counseling and treatment (or other drug dependency treatment) as an alternative to job discipline or termination of employment where appropriate. According to a New York Federal court, employers do not have to pay their employees to attend mandatory alcohol counseling and treatment sessions. In reaching its decision, the court concluded that employee attendance at these sessions does not constitute "work," and even if it did, then the employer still would not have to pay for this time because it would be considered a non-compensable postliminary activity. more


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