Labor laws

[hiknapster]

I thought the Whistle Blower Law was to protect an employee from employer retaliation after a worker has claimed that the company has broken a law or has done something to harm the public.

I don't know how not taking a drug test, even though they haven't given you ample time, would fall under the act, unless you have already accused your employer of wrongdoing against the government or the public good.

[mjb62676]

Were you an actual employee of Aerotek (like a recruiter) or one of their contractors?

[goodbyehollywood]

If you signed an employment contract or even an application, it might state that the company can require drug tests at will. You might have agreed to it, and even if you haven't explicitly agreed in writing, there might be implicit consent. Courts often allow a lot of leeway, especially in certain industries.

[Whataride]

Forgive me of not having all of the information current as I have not done HR in many years, but there are several ways to have an employee on payroll.

Salaried exempt - if you work 8 hours or 100 hours, you get your salary...ask anyone from one of the big 4 accounting firms how many hours a week they work - scary

salaried non exempt - if you work 30 hours you get your salary, but if you work overtime you can get anything from a marginal amount of your salaried hourly wage (salary / 2080) up to the sky is the limit. This type of pay can also be used in a rolling payscale ie averaged over multiple pay periods, so if you work 80 hours this week, 20 the next, 40 the next, 30 the next, you would only get your standard salary

hourly - you guessed it - you make what you earn and this amount can be straight pay for hours over 40 and some companies can require more than 40 hours as a standard work week.

1099 - this is a straight contract rate and can be by the job, project, hour, goal/milestone, etc.

Contract - This will lock both you and the employer in to a set period for a set product. The product may be a wide receiver, quarterback, or a software engineer developing the next greatest nano technology

My guess would be that if you are looking for a job in the current environment, be happy to get one and don't worry too much about the OT.