I’m a small business owner and work as a 1099 contractor for several companies. One of them asked for a drug test and background check. Is that something they’re allowed to require? I’m trying to figure out how much control they can have over independent contractors like me.
Yeah, they can require it, especially if it’s related to the job or industry, like healthcare or finance.
Jory said:
Yeah, they can require it, especially if it’s related to the job or industry, like healthcare or finance.
Does it depend on the state? I feel like rules might be different everywhere.
Jory said:
Yeah, they can require it, especially if it’s related to the job or industry, like healthcare or finance.
Yep, it can vary by state. For example, Florida allows it as long as they follow privacy and anti-discrimination laws.
Background checks are pretty standard. They just have to get your consent first, and it has to follow FCRA rules.
Tatum said:
Background checks are pretty standard. They just have to get your consent first, and it has to follow FCRA rules.
What’s FCRA? I don’t think I’ve heard of that before.
Tatum said:
Background checks are pretty standard. They just have to get your consent first, and it has to follow FCRA rules.
It’s the Fair Credit Reporting Act. It’s basically about your rights when companies check your background info.
For drug testing, they usually have to give you notice and follow specific laws. It’s all in how they handle it.
Blake said:
For drug testing, they usually have to give you notice and follow specific laws. It’s all in how they handle it.
Does the notice mean they can’t just spring it on you? Like, they need to warn you first?
Blake said:
For drug testing, they usually have to give you notice and follow specific laws. It’s all in how they handle it.
Exactly. They need to let you know upfront, usually as part of the contract or a written notice.
As a contractor, you still have some independence, but they can set conditions for working with them, like tests.
Davis said:
As a contractor, you still have some independence, but they can set conditions for working with them, like tests.
So it’s basically ‘their rules or no deal,’ right? Doesn’t feel very independent.
Davis said:
As a contractor, you still have some independence, but they can set conditions for working with them, like tests.
Kind of. You have freedom in how you work, but they get to choose the terms for hiring you.
Best advice: review any contracts closely. They usually list what screenings are required and under what conditions.
Jai said:
Best advice: review any contracts closely. They usually list what screenings are required and under what conditions.
Should I get a lawyer to go over the contracts, or is that overkill for something like this?
Jai said:
Best advice: review any contracts closely. They usually list what screenings are required and under what conditions.
It depends. If the terms feel too strict or unclear, having a lawyer check it out might be worth it.