N.Y. Correction Law § 153: Conditions of Employment

§ 153. Conditions of Employment. 1. A prisoner shall be permitted to

be employed only if:

(a) The rates of pay and other conditions of employment will not be

less than those paid or provided for work of similar nature in the

locality in which the work is to be performed.

(b) The commissioner finds, after consultation with representatives of

local union central bodies or similar labor union organizations, that

such employment will not result in the displacement of employed workers,

impair existing contracts for services, or be applied, except where a

prisoner is to be hired by an employer for whom he worked prior to his

conviction, in skills, crafts, or trades in which there is a surplus of

available gainful labor in the locality.

2. The State Department of Labor shall exercise the same supervision

over conditions of employment for prisoners participating in work

release programs as such department does over conditions of employment

for free persons.

3. In no event shall a prisoner be employed in an establishment which

has a labor dispute.