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I have a commercial driver who is trying to re certify his…

Customer Question
I have a commercial...

I have a commercial driver who is trying to re certify his annual physical. The doctor has requested some additional testing. As an employer we only pay for the physical not the additional portion. Who is required to pay for the additional testing

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Safety and compliance manager

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

And hourly

Submitted: 2 months ago.Category: Employment Law
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Answered in 8 minutes by:
5/30/2018
Employment Lawyer: DamienJD, Attorney replied 2 months ago
DamienJD
DamienJD, Attorney
Category: Employment Law
Satisfied Customers: 5,442
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

This sounds more like a policy or contract issue rather than a statutory issue. In other words, it sounds like this is about company policy or a contract. Is an employee handbook that discusses this in writing? Is this driver an independent contractor? If so, was there a contract discussing the issue?

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Customer reply replied 2 months ago
I have read the labor code 231 and it talks about Any employer who requires, as a condition of employment, that an employee have a driver’s license shall pay the cost of any physical examination of the employee which may be required for issuance of such license, except where the physical examination was taken prior to the time the employee applied for such employment with the employer.
Employment Lawyer: DamienJD, Attorney replied 2 months ago

Let me check....

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Employment Lawyer: DamienJD, Attorney replied 2 months ago

Since the statute is ambiguous as to whether the physical examination includes additional testing, it appears it can go either way. Possibly, there is case law on it. On the one hand, it can be argued that the driver did not pass the exam because additional testing is required; Yet, on the other hand, it could be argued the exam has not been completed yet until all testing is done.

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