§ 201-b. Fees for medical examination.
1.It shall be unlawful for any\nemployer to require any applicant for employment to pay the cost of a\nmedical examination required by the employer as a condition of original\nemployment.\n 2. It shall be unlawful for any employer to require an employee, as a\ncondition of continuation of employment, to pay the cost of any medical\nexamination or the cost of furnishing any health certificate relating\nthereto where:\n a. such employee is not covered by health insurance or the employee's\nhealth insurance does not cover such examination or certificate or the\nemployer does not provide qualified medical personnel to conduct such\nexamination without cost to the employee; and\n b. such examination or certificate is not required pursuant to a state\
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§ 201-b. Fees for medical examination. 1. It shall be unlawful for any\nemployer to require any applicant for employment to pay the cost of a\nmedical examination required by the employer as a condition of original\nemployment.\n 2. It shall be unlawful for any employer to require an employee, as a\ncondition of continuation of employment, to pay the cost of any medical\nexamination or the cost of furnishing any health certificate relating\nthereto where:\n a. such employee is not covered by health insurance or the employee's\nhealth insurance does not cover such examination or certificate or the\nemployer does not provide qualified medical personnel to conduct such\nexamination without cost to the employee; and\n b. such examination or certificate is not required pursuant to a state\nor federal statute or municipal ordinance or local law.\n 3. The term "employer" as used in this section shall mean and include\nan individual, a partnership, an association, a corporation, a legal\nrepresentative, trustee, receiver, trustee in bankruptcy, and any common\ncarrier by rail, motor, water, air or express company doing business in\nor operating within the state.\n 4. Nothing contained herein shall prohibit the parties to a collective\nbargaining agreement from inserting therein a provision requiring:\n a. an applicant for employment to pay, in the first instance, the cost\nof such medical examination provided that such collective bargaining\nagreement also provides for the repayment of such cost by the employer\nto the applicant after a reasonable period of employment; and\n b. an employee who is otherwise protected by the provisions of\nsubdivision two of this section, to pay in the first instance the cost\nof such medical examination or of furnishing the health certificate\nprovided that such collective bargaining agreement also provides for the\nrepayment of such cost by the employer to the employee within a\nreasonable time.\n 5. Any employer who violates the provisions of this section shall be\nliable to a penalty of not more than fifty dollars for each violation.\nIt shall be the duty of the department of labor to enforce this section.\n