By Dawn Peacock (January 28, 2022, 11:51 AM EST) -- When considering COVID-19 vaccinate-or-test rules, employers wonder who covers the cost for employees who test rather than vaccinate. Actually, there are two questions embedded in that concern. The first is whether the time to get tested is compensable time under the Fair Labor Standards Act for nonexempt employees. The second is whether the cost of the test must be reimbursed. Even with the Occupational Safety and Health Administration's vaccination and testing emergency temporary standard blocked, these are pressing questions. Some employers may choose to proceed with such policies as a matter of choice; other employers may be subject to the Centers. . .
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