Do Employers in CA Have to Pay for CPR Certification and Livescan?

Question from qq, Do Employers in CA Have to Pay for CPR Certification and Livescan?

Answer from AI:

In California, employers often require certain certifications and background checks as part of the employment process. Two common requirements are CPR certification and Livescan background checks. Whether an employer must pay for or reimburse these costs depends on several factors, including state labor laws and specific employment agreements.

California Labor Code and Employer Responsibilities

Under California law, particularly the California Labor Code, employers are generally required to cover costs that are necessary for employees to perform their job duties. This includes:

• Tools and equipment necessary for the job
• Training and certifications required by the employer
• Background checks mandated by the employer

CPR Certification

If an employer mandates CPR certification as a condition of employment, the cost of obtaining this certification is typically considered a business expense. According to the California Labor Code Section 2802, employers must reimburse employees for all necessary expenditures or losses incurred in direct consequence of the discharge of their duties.

Livescan Background Check

Similarly, if a Livescan background check is required by the employer, the cost should be covered by the employer. Livescan is a fingerprinting process used for background checks, and it is often required for positions involving security, childcare, or other sensitive roles.

Steps Employers Should Take

To ensure compliance with California labor laws, employers should:

1. Clearly state in job postings and employment agreements that CPR certification and Livescan background checks are required.
2. Provide information on how employees can obtain these certifications and background checks.
3. Reimburse employees promptly for any out-of-pocket expenses related to these requirements.
4. Keep records of all reimbursements and related communications.

Consulting Legal Professionals

While the general guidelines are clear, specific situations may vary. Employers and employees should consult with a legal professional to understand their rights and obligations fully. Legal advice is particularly important if there are disputes or uncertainties about reimbursement policies.

For more detailed information, you can refer to the [California Labor Code Section 2802](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2802) and the [California Department of Justice’s Livescan information](https://oag.ca.gov/fingerprints).

Conclusion

In summary, if you require CPR certification and a Livescan background check as part of employment in California, you are generally responsible for covering these costs. However, always consult with a legal professional for personalized advice and to ensure compliance with all applicable laws and regulations.