senate Bill S3063

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to labor
Jan 27, 2021 referred to labor

Co-Sponsors

S3063 (ACTIVE) - Details

See Assembly Version of this Bill:
A7273
Current Committee:
Senate 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 2019-2020 Legislative Session:
S6812

S3063 (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.

S3063 (ACTIVE) - Sponsor Memo

S3063 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3063
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sens. RAMOS, GOUNARDES, MYRIE, SALAZAR -- read twice and
   ordered printed, and when printed to be committed 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.
 

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