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Bill

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

2025 Regular Session Introduced by Samra Brouk and 11 co-sponsors

New York's Employee Privacy Act bars employers from using E-Verify to check current employees or job applicants, boosting privacy and changing hiring verification.

REFERRED TO LABOR
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WeVote Research Nonpartisan
Bill Summary · S 3956

S 3956 — Employee Privacy Act

Overview

S 3956 is a New York State Senate bill introduced on January 31, 2025, and currently referred to the Senate Committee on Labor. The bill establishes the Employee Privacy Act, which would prohibit employers from using the federal electronic employment verification system (E-Verify) to check the employment authorization status of an existing employee or an applicant. The primary sponsor is Jessica Ramos; numerous cosponsors support the measure.

What the bill would do

  • Prohibit employers from using E-Verify to determine the employment authorization status of:
    • Existing employees, and
    • Job applicants
  • Establish a new framework (the Employee Privacy Act) aimed at restricting the use of a federal employment verification system for hiring or monitoring workers.

Key provisions (as described)

  • Use restriction: Employers would be barred from employing E-Verify as a tool to verify whether someone is legally authorized to work in the United States, specifically for current employees or applicants.
  • Scope of prohibition: Applies to employers within the state (per the bill’s intent to regulate employment practices locally).

Note: The exact definitions, permissible alternative practices, exceptions, and enforcement mechanisms are not detailed in the provided information. The full text of the bill would specify these elements, including any potential penalties, remedies, or regulatory processes.

Who is affected

  • Employers within the state who would otherwise use E-Verify to check workers’ authorization.
  • Job applicants and current employees who are subject to verification processes by their employers.
  • State labor and regulatory authorities responsible for enforcing employment privacy protections (per standard legislative structure), pending the bill’s explicit enforcement provisions.

Procedural and timeline aspects

  • Introduced: January 31, 2025.
  • Status: Referred to the Senate Committee on Labor.
  • Legislative actions show two identical entries on 2025-01-31, indicating initial referral events.

Sponsors and related bills

  • Primary sponsor: Jessica Ramos
  • Cosponsors: Nathalia Fernandez, Robert Jackson, Zellnor Myrie, Brad Hoylman-Sigal, Julia Salazar, Andrew Gounardes, Cordell Cleare, Leroy Comrie, Kevin S. Parker, John Liu, Samra Brouk, among others.
  • Related bills (prior-session or companion):
    • S 6812 (prior-session)
    • S 3063 (prior-session)
    • S 1802 (prior-session)
    • A 3584 (companion) [noted twice, indicating one or more Assembly companion versions]

Potential impact

  • Privacy and civil liberties: Strengthens protections by limiting the use of a federal system to verify work authorization for current employees and applicants.
  • Employers: May need to adjust hiring and personnel verification practices, potentially relying on alternative verification methods compliant with state law.
  • Workers: Could experience reduced risk of employment status checks via E-Verify in screening and ongoing employment processes.
  • Policy landscape: Part of broader debates about immigration enforcement and workplace verification mechanisms at the state level.

Next steps for readers

  • Monitor committee actions in the Senate Labor Committee for passage, amendments, or differing language.
  • Review the bill’s full text when available to understand definitions, exceptions, enforcement, penalties, and effective dates.
  • Compare with related bills (S 6812, S 3063, S 1802, and Assembly companion A 3584) for a sense of cross-chamber alignment or differences.

Compiled from official sources — confirm details with the bill’s official record.

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