Can your current employer hire you and then after the fact require you to upgrade your drivers license to CDL?

UPDATED: Nov 15, 2012

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Can your current employer hire you and then after the fact require you to upgrade your drivers license to CDL?

Then make you clock out to do the testing required to obtain the CDL, or tell you to take the afternoon off and then in the same breath tell you to go take the test for a CDL. There is the question about the cost a CDL will run about $50 these days, which should pay the employer or employee?

Asked on November 15, 2012 under Employment Labor Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Can your employer do this? Yes; an employer is free to set--and also change--the requirements for a job at will, so it can require you to have a CDL license.

Who should pay? The real question is can you require the employer to pay, and the answer to that is no; an employer can make it a requirement or condition of work that employees get licenses or qualifications on their own time and pay for them themselves, too. So while an argument could be made that your employer "should" compensate you for doing this, the fact is they do not have to--they can choose to have you to do this on your own time, at your own expense.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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