If a physical is part of obtaing a chauffeur’s license which is necessary for employment, who should pay for it?

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If a physical is part of obtaing a chauffeur’s license which is necessary for employment, who should pay for it?

Employer has not required or even told his employees that they needed a chauffeurs license to pull his work trailers. They have worked for him for more than 5 years without this license. However, one employee was pulled over and cited for not having the license and now the employer is requiring the employees to get one. In order to that, they need a physical and the employer is making them pay for the physical. Who is responsible to pay, employer or employee?

Asked on August 29, 2011 Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This all depends on the line of work. Sometimes those physicals are the cost of trying for a job so it is on the employee or potential employee to pay for those physicals. Since you are already employed by this person and were not informed you a) needed a special license and b) a physical was required, you may be in the right to force your employer to pay for the physical. Before you move forward without backup, check with your state labor department to see if it has jurisdiction over this particular issue and if it has rendered any decisions on this matter. Any ammunition you have (the legal the better) will help you defray those costs. Further, your employer cannot retaliate against you for asking him to defray those costs.


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