N.Y. Lab. Laws § 201-b

N.Y. Lab. Laws § 201-b – Payment 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.