N.Y. Labor Law § 201-b: Fees for medical examination

§ 201-b. Fees for medical examination. 1. It shall be unlawful for any

employer to require any applicant for employment to pay the cost of a

medical examination required by the employer as a condition of original

employment.

2. It shall be unlawful for any employer to require an employee, as a

condition of continuation of employment, to pay the cost of any medical

examination or the cost of furnishing any health certificate relating

thereto where:

a. such employee is not covered by health insurance or the employee's

health insurance does not cover such examination or certificate or the

employer does not provide qualified medical personnel to conduct such

examination without cost to the employee; and

b. such examination or certificate is not required pursuant to a state

or federal statute or municipal ordinance or local law.

3. The term "employer" as used in this section shall mean and include

an individual, a partnership, an association, a corporation, a legal

representative, trustee, receiver, trustee in bankruptcy, and any common

carrier by rail, motor, water, air or express company doing business in

or operating within the state.

4. Nothing contained herein shall prohibit the parties to a collective

bargaining agreement from inserting therein a provision requiring:

a. an applicant for employment to pay, in the first instance, the cost

of such medical examination provided that such collective bargaining

agreement also provides for the repayment of such cost by the employer

to the applicant after a reasonable period of employment; and

b. an employee who is otherwise protected by the provisions of

subdivision two of this section, to pay in the first instance the cost

of such medical examination or of furnishing the health certificate

provided that such collective bargaining agreement also provides for the

repayment of such cost by the employer to the employee within a

reasonable time.

5. Any employer who violates the provisions of this section shall be

liable to a penalty of not more than fifty dollars for each violation.

It shall be the duty of the department of labor to enforce this section.