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Paying for COVID-19 testing costs

February 2022 employment law letter
Authors: 
Jason Boulette, Boulette Golden & Marin LLP

Q         If an employer requires COVID-19 testing as a condition of employment, who covers the cost?

A   Under the current Occupational Safety and Health Administration (OSHA) standard, employers aren’t required to cover the cost of COVID-19 testing (i.e., they can require the employee to cover the cost). Likewise, nothing under existing Texas state law would force an employer to cover the cost.

Obviously, other jurisdictions may take a different approach in requiring an employer to cover the cost of job-required testing. Likewise, it’s at least conceivable that a municipality could impose such a rule. Therefore, a quick check of local ordinances would be in order.

Jason Boulette is an attorney with Boulette Golden & Marin LLP in Austin. You can reach him at jason@boulettegolden.com.

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