State

Statute

Arizona

“No consumer reporting agency nor any creditor or any other person shall charge any fee to a consumer for a disclosure of his file if within a thirty-day period prior to the request for a disclosure the consumer is denied credit, licensure, employment or received a notice of collection or received other adverse action due to the credit report. Except as provided for in this subsection, a consumer reporting agency may charge a reasonable fee for any disclosures of a file to the consumer or his designee.”  Ariz. Rev. Stat. § 44-1693.

California

“No employer, or agent or officer thereof, or other person, may compel or coerce any employee, or applicant for employment, to patronize his or her employer, or any other person, in the purchase of anything of value.”  “Value” includes any “instances where an employer requires a payment or fee” used for “(1) an individual to apply for employment orally or in writing, (2) an individual to receive, obtain, complete, or submit an application for employment, or (3) an employer providing, accepting, or processing an application for employment.”  California Code, Labor Code - LAB §§ 450-452

Iowa

“However, the fee for conducting a criminal history data check for a person seeking release of a certified copy of the person's own criminal history data to a potential employer, if that employer requests the release in writing, shall not be paid by the person but shall be paid by the employer.”  Iowa Code Ann. § 692.2

Kansas

“it is unlawful for any employer or prospective employer to require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person’s record in order to qualify for employment.” This law only includes criminal records obtained by a “criminal justice agency” within the state; county and statewide searches outside of Kansas are not included.  K.S.A. §22-4710(a).

Kentucky

“It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.”  K.R.S. § 336.220 

Louisiana

“…it is unlawful for any public or private employer to require any employee or applicant for employment to pay or to in any manner pass on to the applicant or to withhold from an employee's pay the cost of fingerprinting, a medical examination, or a drug test, or the cost of furnishing any records available to the employer or required by the employer as a condition of employment.”  La. Rev. Stat. 23:897

Massachusetts 

“it shall be unlawful to request or require a person to provide a copy of his criminal offender record information.” Mass.  Gen. Laws, ch 6 § 172(d)

Michigan

“It shall be unlawful for any employer in the state of Michigan to compel newly hired employees or employees reporting back to work after a furlough or leave of absence to pay the cost of a medical examination or to pay for being photographed and finger printed, when requested by the employer.”  Mich. Comp. Laws Section 750.354a.

Minnesota

“…a prospective employer may not require an employee or prospective employee to pay for expenses incurred in criminal or background checks, credit checks, or orientation.”  Minn. Stat. § 181.645 

New Jersey

Q. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?

A. No, unless you are applying for a security guard position. It is illegal for employers or prospective employers to make such a deduction from the wages of any employee or require that employee to pay any sum for drug or any other pre-employment testing. However, the 2004 Security Officer Registration Act (N.J.S.A. 45:19A-1 et seq.) states that applicants for security guard positions are responsible for the payment of any registration costs with the State Police, which includes drug testing, fingerprinting, criminal background checks, etc.   NJ Wage & Hour Compliance FAQs .

Vermont

“No person entitled to receive a criminal conviction record pursuant to this section shall require an applicant to obtain, submit personally, or pay for a copy of his or her criminal conviction record.”  20 V.S.A 2056c(10).

Washington DC

“A person who requires the production of any arrest record or any copy, extract, or statement thereof pursuant to this subsection, at the monetary expense of any individual to whom such record may relate, shall be fined not more than the amount set forth in § 2-3571.01, or imprisoned for not more than 10 days.”  DC Code. Ann. § 2-1402.66;

Washington State

“The business or organization shall pay such reasonable fee for the records check as the state patrol may require under RCW 43.43.838.”  RCW 43.43.834

State 

Statute

California

“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.”  California Code, Labor Code - LAB § 222.5.

Colorado

“It is unlawful for any employer . . . to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment, except those records necessary to support the applicant's statements in the application for employment.”  CO Rev Stat § 8-2-118(1).

Illinois

“No employer shall require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records of such examination required by the employer as a condition of employment.” 820 ILCS 235/1.

Kentucky

“It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.”  K.R.S. § 336.220 

Louisiana

“…it is unlawful for any public or private employer to require any employee or applicant for employment to pay or to in any manner pass on to the applicant or to withhold from an employee's pay the cost of fingerprinting, a medical examination, or a drug test, or the cost of furnishing any records available to the employer or required by the employer as a condition of employment.”  La. Rev. Stat. 23:897

Michigan

“It shall be unlawful for any employer in the state of Michigan to compel newly hired employees or employees reporting back to work after a furlough or leave of absence to pay the cost of a medical examination or to pay for being photographed and finger printed, when requested by the employer.”  Mich. Comp. Laws Section 750.354a.

New Jersey

Q. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?

A. No, unless you are applying for a security guard position. It is illegal for employers or prospective employers to make such a deduction from the wages of any employee or require that employee to pay any sum for drug or any other pre-employment testing. However, the 2004 Security Officer Registration Act (N.J.S.A. 45:19A-1 et seq.) states that applicants for security guard positions are responsible for the payment of any registration costs with the State Police, which includes drug testing, fingerprinting, criminal background checks, etc.   NJ Wage & Hour Compliance FAQs

Ohio

“No private employer shall require any prospective employee or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment.” Ohio Rev Code Ann § 4113.21(A).

Oklahoma

“It shall be unlawful for any person, partnership, association, or corporation, either for himself, herself, or itself, or in a representative or fiduciary capacity, to require any employee or applicant for employment, as a condition of employment or continued employment, to submit to, or take, a physical or medical examination, without providing such examination at no cost therefor to such employee or applicant for employment, or without furnishing, upon the request of the employee or applicant for employment within thirty (30) days after such examination, free of charge, to such employee or applicant for employment, a true and correct copy, either original or duplicate original, of the examiner's report of such examination. It shall further be unlawful for any such person, partnership, association or corporation to require any employee or applicant for employment to pay, either directly or indirectly, any part of the cost of any such examination, report, or copy of report.”  Oklahoma 40 O,S. § 191.

Pennsylvania

“It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination, or the cost of furnishing any medical records, required by the employer as a condition of employment, if the applicant or employee works for the employer for one work week:  Provided, That the provisions of this act shall not apply where medical examination is required by law as a condition of employment.”  43 Cons. Stat. § 1002.

Vermont

“It shall be unlawful for any employer . . . to require any employee or applicant for employment to pay the cost of a medical examination as a condition of employment.”  21 V.S.A. § 301.