Q: How is it legal in CA to require a potential employee to pay for TB test? Labor code 222.5 appears to state otherwise.
A condition of employment is that the applicant pay for background check and TB test.
A:
The condition appears illegal under California law.
Labor Code 222.5 provides:
No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or physical examination taken as a condition of employment, nor shall any person withhold or deduct from the compensation of any employee, or require any employee to pay any fee for, or costs of, medical or physical examinations required by any law or regulation of federal, state or local governments or agencies thereof.
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