New York S 3956: 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

Bill Text

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 Speaker Carl E. Heastie

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S03956 Summary:

BILL NOS03956 

&nbsp

SAME ASSAME AS A03584

&nbsp

SPONSORRAMOS

&nbsp

COSPNSRBROUK, CLEARE, COMRIE, FERNANDEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, LIU, MYRIE, PARKER, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Add §219-b, Lab L; add §99-aa, Gen Muni L; amd §296, Exec L

&nbsp

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.

Go to top S03956 Actions:

BILL NOS03956 

&nbsp

01/31/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS03956 Committee&nbspVotes:

Go to topS03956 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03956 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3956

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sens. RAMOS, BROUK, CLEARE, COMRIE, FERNANDEZ, GOUNARDES,
 HOYLMAN-SIGAL, JACKSON, LIU, MYRIE, PARKER, 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:

 1 Section 1. This act shall be known and may be cited as the "Employee
 2 Privacy Act".
 3 § 2. The labor law is amended by adding a new section 219-b to read as
 4 follows:
 5 § 219-b. Restrictions on use of employment verification system. 1. (a)
 6 Except as required by federal law or as a condition of receiving federal
 7 funds, it shall be unlawful for an employer, or any other person or
 8 entity to use the federal electronic employment verification system
 9 known as E-Verify and any other succeeding electronic employment verifi-
 10 cation system to check the employment authorization status of an exist-
 11 ing employee or an applicant who has not been offered employment at a
 12 time or in a manner not required under subsection (b) of Section 1324a
 13 of Title 8 of the United States Code or not authorized under any federal
 14 agency memorandum of understanding governing the use of a federal elec-
 15 tronic employment verification system.
 16 (b) Nothing in this section shall prohibit an employer from utilizing
 17 the federal E-Verify system, in accordance with federal law, to check
 18 the employment authorization status of a person who has been offered
 19 employment.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06147-01-5

 S. 3956 2

 1 (c) Upon initial enrollment in an electronic employment eligibility
 2 verification system, an employer enrolled in E-Verify or any other
 3 federal electronic employment eligibility verification system must
 4 attest, under penalty of perjury, on a form prescribed by the department
 5 available on the department's website:
 6 (i) that the employer has received the E-Verify training materials
 7 from the department of homeland security, and that all employees who
 8 will administer the program have completed the E-Verify computer-based
 9 tutorials and all other required training materials in accordance with
 10 federal regulations; and
 11 (ii) that the employer has posted the notice from the department of
 12 homeland security indicating that the employer is enrolled in the E-Ver-
 13 ify program and the anti-discrimination notice issued by the Employee
 14 and Immigration Rights Section, Civil Rights Division, U.S. Department
 15 of Justice in a prominent place that is clearly visible to both prospec-
 16 tive a