Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to labor |
Jan 27, 2021 |
referred to labor |
Senate Bill S3063
2021-2022 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
Actions
co-Sponsors
(D) 26th Senate District
(D, WF) 31st Senate District
(D) 20th Senate District
(D, WF) 18th Senate District
2021-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 Other Legislative Sessions:
-
2019-2020:
S6812
2023-2024: S1802, A568
2021-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.
2021-S3063 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3063 SPONSOR: RAMOS PURPOSE OR GENERAL IDEA OF BILL: This bill prohibits employers from using the federal electronic employ- ment verification system to check the employment authorization status of an existing employee or an applicant who has not been offered employment and requires employees to protect the privacy of potential employees for which the employer is using a federal electronic employment verification system. SUMMARY OF PROVISIONS: Section 1. Labor law is amended by adding a new section 219-b, the Employee Privacy Act. Subsection A prevents employers from using E-Ver- ify to check the status of an existing employee or on an applicant who has not yet been offered employment. Subsection B expresses that noth- ing in this section shall prohibit an employer from utilizing the feder- al E-Verify system to check the employment authorization status of a person who has been offered employment.
2021-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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