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N.C.G.S. 14-357.1

N.C.G.S. 14-357.1 states it shall be unlawful for any employer with 25 or more employees to require any applicant for employment to pay the cost of a medical examination or the cost of providing any records required by the employer as a condition of the initial act of hiring.  It is our position that such records are not just medical records but for any required records including, but not limited to, criminal records.  Any employer who violates the provisions of this section may be liable for a fine of not more than $100.00 for each violation.  The Commissioner of Labor is charged with enforcing this section.

It is also our position that the term "medical examination" as used in N.C.G.S. 14-357.1 includes, but is not limited to, drug screening tests.  Furthermore, it is our position that N.C.G.S. 14-357.1 would be violated if the employer hired an employee on the condition that the cost of the employee's medical examination or costs to provide records would have to be paid back at one time or over a period of time by the employee or deducted from the employee's first paycheck or any subsequent paycheck by the employer.  It is also our position that N.C.G.S. 14-357.1 does not apply where the medical examination or records are required by law rather than by the employer.  An example of such a law is the drug screening tests required for truck drivers by the United States Department of Transportation.

North Carolina Department of Labor
Wage and Hour Bureau
1101 Mail Service Center
Raleigh, NC 27699-1101
(919) 807-2796 or (toll-free NC only) 1-800-NC-LABOR
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