Assembly Bill A7273

2021-2022 Legislative Session

Establishes the employee privacy act prohibiting employers from using the federal electronic employment verification system to check the employment authorization status of an existing employee or an applicant

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A7273 (ACTIVE) - Details

See Senate Version of this Bill:
S3063
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §219-b, Lab L; add §99-x, Gen Muni L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6812
2023-2024: A568, S1802

2021-A7273 (ACTIVE) - Summary

Prohibits employers from using the federal electronic employment verification system to check the employment authorization status of an existing employee or an applicant who has not been offered employment and prohibits municipalities from requiring employers to use the federal electronic employment verification system.

2021-A7273 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7273
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting employers from
   using  the  federal electronic employment verification system to check
   the employment authorization status of  an  existing  employee  or  an
   applicant  who  has  not been offered employment; to amend the general
   municipal law, in relation to prohibiting municipalities from  requir-
   ing  employers  to  use the federal electronic employment verification
   system; and to amend the executive law, in relation to defining unlaw-
   ful discriminatory practices with regards to the electronic employment
   verification system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Employee
 Privacy Act".
   § 2. The labor law is amended by adding a new section 219-b to read as
 follows:
   § 219-B. RESTRICTIONS ON USE OF EMPLOYMENT VERIFICATION SYSTEM. 1. (A)
 EXCEPT AS REQUIRED BY FEDERAL LAW OR AS A CONDITION OF RECEIVING FEDERAL
 FUNDS, IT SHALL BE UNLAWFUL FOR AN EMPLOYER,  OR  ANY  OTHER  PERSON  OR
 ENTITY  TO  USE  THE  FEDERAL  ELECTRONIC EMPLOYMENT VERIFICATION SYSTEM
 KNOWN AS E-VERIFY AND ANY OTHER SUCCEEDING ELECTRONIC EMPLOYMENT VERIFI-
 CATION SYSTEM  TO CHECK THE EMPLOYMENT AUTHORIZATION STATUS OF AN EXIST-
 ING EMPLOYEE OR AN APPLICANT WHO HAS NOT BEEN OFFERED  EMPLOYMENT  AT  A
 TIME  OR  IN A MANNER NOT REQUIRED UNDER SUBSECTION (B) OF SECTION 1324A
 OF TITLE 8 OF THE UNITED STATES CODE OR NOT AUTHORIZED UNDER ANY FEDERAL
 AGENCY MEMORANDUM OF UNDERSTANDING GOVERNING THE USE OF A FEDERAL  ELEC-
 TRONIC EMPLOYMENT VERIFICATION SYSTEM.
   (B)  NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM UTILIZING
 THE FEDERAL E-VERIFY SYSTEM, IN ACCORDANCE WITH FEDERAL  LAW,  TO  CHECK
 THE  EMPLOYMENT  AUTHORIZATION  STATUS  OF A PERSON WHO HAS BEEN OFFERED
 EMPLOYMENT.
   (C) UPON INITIAL ENROLLMENT IN AN  ELECTRONIC  EMPLOYMENT  ELIGIBILITY
 VERIFICATION  SYSTEM,  AN  EMPLOYER  ENROLLED  IN  E-VERIFY OR ANY OTHER
              

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