N.Y. Correction Law § 874: When employment prohibited

§ 874. When employment prohibited. (a) No employment under the work

release program for any prisoner shall be approved if:

(1) it is ascertained by the sheriff that such employment will result

in the displacement of employed workers, or be applied in skills, crafts

or trades in which there is a surplus of available labor in the

locality, except in the case of a prisoner who is to be employed by an

employer for whom he was employed as a free person prior to the

commencement of his sentence, and;

(2) the rates of pay and other conditions of employment are not at

least equal to those paid or provided for work of a similar nature in

the locality in which the work is to be performed.

(b) The state department of labor shall exercise the same supervision

over conditions of employment for prisoners participating in the work

release program as such department does over conditions of employment

for free persons.

(c) In no event shall any work release program be permitted when there

is any labor strike or lock-out in the establishment in which the

prisoner is, or is to be, employed.