Can a potential employer give minors drug test without parental consent? Ask HR

Johnny C. Taylor Jr. tackles your human resources questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world's largest HR professional society and author of "Reset: A Leader’s Guide to Work in an Age of Upheaval.”

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Question: My high school-age son recently applied for a seasonal holiday job. They required and executed a background check, which included an on-site drug test, without my consent. Should parents of minors be required to authorize any drug testing for work? – Ashe

Answer: I understand your concern about your son undergoing a background check and on-site drug test without your consent. The legal requirements for drug testing, particularly for minors, can vary by state. In many states, employers are obligated to obtain parental consent before conducting drug tests on minors, considering privacy considerations and the fact that minors generally cannot enter into legal or binding agreements.

Parents of minors should ideally be fully informed about the nature of a drug test, the reasons for its implementation, and the potential consequences of failing the test. If you have concerns about the lack of parental consent in your son's case, it is advisable to contact his employer to seek clarification on their policies and procedures. Additionally, check the applicable state laws to understand the requirements regarding drug testing for minors.

If needed, you may consider discussing the matter with legal professionals specializing in employment matters to understand the options available to you and your son in this situation. It's crucial to ensure that the employment practices align with both state regulations and your expectations as a parent.

For any future employment opportunities your son pursues while still a minor, consider encouraging him to discuss the employment process with you beforehand. This way, you can review any forms together, including those related to drug testing, and determine if parental consent is required. Open communication and understanding of employment requirements will help ensure that both you and your son are informed and comfortable with the process.

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I am a part-time graphic designer. But my company has recently hit its busy season, and I have been required to work full-time hours or more for the last three weeks. However, my part-time status does not allow me access to the company's full-time benefits. What is the line between being a full-time and part-time employee? Is it just an artificial designation employers can use to withhold benefits?” – Bruno

Your concerns about the line between full-time and part-time employment and access to benefits are well-founded. The distinction between full-time and part-time employment is not precisely defined by federal law, but some state and local laws may have specific guidelines. In the absence of such laws, employers typically determine their own definitions for full-time and part-time status.

While federal regulations may not explicitly define full-time or part-time employment, they do require certain benefits for employees who meet specific hours requirements. For instance, under the Affordable Care Act, if you work for a large employer (50 or more employees), you generally become eligible for health insurance if you consistently work at least 30 hours per week or more. According to the Employee Retirement Income Security Act, if you work 1,000 hours in 12 months, you typically become eligible to participate in your employer’s retirement plan. State and local laws may also govern benefits such as paid sick leave.

If you find you are working full-time hours during the busy season but are classified as part time without access to full-time benefits, it's important to discuss this with your Human Resources team. They can provide clarity on your benefits eligibility and explain the criteria used by the company to determine full-time and part-time status.

Certainly, if you are concerned the part-time designation is intentionally being used to withhold benefits, discussing this with HR is even more crucial. They can address your concerns and ensure your employment classification aligns with the company's policies and legal requirements.

I understand this busy season may be demanding, and I encourage you to carve out time to speak with HR for guidance on benefits and any other questions you may have. I hope your concerns are addressed to your satisfaction.

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