N.Y. Correct. Law § 153

§ 153. Conditions of Employment. 1. A prisoner shall be permitted to\nbe employed only if:\n (a) The rates of pay and other conditions of employment will not be\nless than those paid or provided for work of similar nature in the\nlocality in which the work is to be performed.\n (b) The commissioner finds, after consultation with representatives of\nlocal union central bodies or similar labor union organizations, that\nsuch employment will not result in the displacement of employed workers,\nimpair existing contracts for services, or be applied, except where a\nprisoner is to be hired by an employer for whom he worked prior to his\nconviction, in skills, crafts, or trades in which there is a surplus of\navailable gainful labor in the locality.\n 2. The State Department of Labor shall exercise the same supervision\nover conditions of employment for prisoners participating in work\nrelease programs as such department does over conditions of employment\nfor free persons.\n 3. In no event shall a prisoner be employed in an establishment which\nhas a labor dispute.\n