New York A 3584: 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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A03584 Summary:

BILL NOA03584 

&nbsp

SAME ASSAME AS S03956

&nbsp

SPONSORReyes

&nbsp

COSPNSR

&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 A03584 Actions:

BILL NOA03584 

&nbsp

01/28/2025referred to labor

01/07/2026referred to labor

Go to topA03584 Committee&nbspVotes:

Go to topA03584 Floor&nbspVotes:

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

Go to topA03584 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3584

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. REYES -- 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:

 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.
 20 (c) Upon initial enrollment in an electronic employment eligibility
 21 verification system, an employer enrolled in E-Verify or any other

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

 A. 3584 2

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