Can Employers Require Job Applicants To Pay For the Costs Of Background Checks?

Generally no – Minnesota law provides that, unless specifically authorized by law, no employer or prospective employer may “require an employee or prospective employee to pay for expenses incurred in criminal or background checks, credit checks, or orientation.”  Minn. Stat. § 181.645.

The primary exception for the rule is for teachers.  Minnesota law allows a school hiring authority to require any individual who applies to work in a school to pay for the cost of his or her legally required background check with the Bureau of Criminal Apprehension.  Minn. Stat. § 123B.03, subd. 1.

Takeaway:  Unless specifically authorized by law, employers in Minnesota may not require applicants to pay for the costs of their background checks.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on August 17, 2015, in Hiring, Public Sector Employment and tagged . Bookmark the permalink. Comments Off on Can Employers Require Job Applicants To Pay For the Costs Of Background Checks?.

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