Is it legal for an employer to require a potential employee to pay for pre-employment drug testing?

Jun 23rd, 2011
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Question by ganderson88310: Is it legal for an employer to require a potential employee to pay for pre-employment drug testing?
I am a New Mexico resident and was just offered a nice position with what appears to be a pretty good company. The only condition was that I pay for my pre-employment drug test. I have worked for SEVERAL companies over the years, and have probably submitted to at least 50 tests… but have never been required to pay for the test.
I am questioning the LEGALITY of this in New Mexico and am looking for a specific website or document that I can use to verify the facts. I appreciate everyone who is quick to give a “yes they can” or “no they can’t” answer… but I am really interested in the written law, and where I might find said writing.

Thanks in Advance,

Best answer:

Answer by wizjp
The law says it is in your hands; you can say yes or you can refuse.

dol website here

http://www.dol.state.nm.us/

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  1. cmdrbnd007
    Jun 24th, 2011 at 00:09
    Quote | #1

    I’ve never heard of it being done but I don’t think it could be illegal. I don’t think I would work for a company that required me to pay for a drug test.

  2. nola
    Jun 24th, 2011 at 00:56
    Quote | #2

    I don’t know how legal it is. But many employer do require you to pay for it.
    -

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