Unquestionable business practices

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Unquestionable business practices

I was recently hired by a trucking company that made me pay for my post hire dot drug test. The money is supposed to be paid back in 30 days. The reason given was potential hires put more than one application in when job hunting and if the test is paid by employer, they could be out that cost if offered another job. After being employed for 4 weeks, I have learned this to not be the case. My employer uses my cell phone to conduct his dispatches and daily up dates, with no cell phone reimbursement. Before being hired, he said that he would provide me a phone, which he has since redrawn offer. I am not run the legal hours of a truck driver in CA. I run 20 hours a day with no lunches or brakes. My employer does not pay for log books, which in weeks I bought 4 at 6 a piece. I was stuck in the mud 2 days ago, I had to pay $400 to get his truck unstuck. Can he legally do any of this?

Asked on January 11, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Several very different issues here:
1) Can you be required to pay for your own drug test--no; CA law states that employers, not employes, pay for drug testing. You could contact the state department of labor about this.
2) Can you be required to work more than the legally mandated hours for a truck driver? No--and again, you could contact the department of labor.
3) Can an employer use your cell phone and not reimburse you? Yes...employers can require employees to provide and pay for phone and phone calls.
4) Can the require make you buy your own log books? Yes; employers can generally make employees provide their own materials and supplies. 
5) Can your employer make you pay to unstick his truck, if you got it stuck? Yes--employees can be required to pay costs their actions incur.


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