N.Y. Labor Law 735 – Employer limitations
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§ 735. Employer limitations. 1. No employer or his agent shall require, request, suggest or knowingly permit any employee or prospective employee of such employer to submit to a psychological stress evaluator examination and no employer shall administer or utilize the results of such test within or without the state of New York for any reason whatsoever.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $1,000 |
| Class B misdemeanor | up to 3 months | up to $500 |
Terms Used In N.Y. Labor Law 735
- Conviction: A judgement of guilt against a criminal defendant.
- Employee: means an individual employed by an employer. See N.Y. Labor Law 733
- Employer: means any individual, person, corporation, department, board, bureau, agency, commission, division, office, council or committee of the state government, public benefit corporation, public authority or political subdivision of the state, or other business entity, which employs or seeks to employ an individual or individuals. See N.Y. Labor Law 733
- Prospective employee: means an individual seeking or being sought for employment with an employer. See N.Y. Labor Law 733
- Psychological stress evaluator: means any mechanical device or instrument which purports to determine the truth or falsity of statements made by an employee or prospective employee on the basis of vocal fluctuations or vocal stress. See N.Y. Labor Law 733
2. A violation of any of the provisions of this section shall be a class B misdemeanor upon the first conviction and upon any subsequent conviction a class A misdemeanor.