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S681

An act to amend the Labor Law — 2026-02-04 · Calendar #191

The Senate passed S681, a bill to amend the Labor Law, on a 52-10 roll call vote on February 4. The measure, sponsored by Sen. Martinez and listed as Calendar Number 191, received support from a strong majority of the chamber. Ten senators voted in opposition: Fahy, Helming, Oberacker, O'Mara, Rhoads, Skoufis, Walczyk, Weber, Weik, and Tedisco. No debate was recorded on the measure before the vote was called. The bill now moves forward in the legislative process.
PASSED Ayes: 52 · Nays: 10

Debate Summary

No debate recorded. Bill was called for a roll call vote immediately after the last section was read.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Fahy nay Democrat
Helming nay Republican
O'Mara nay Republican
Oberacker nay Republican
Rhoads nay Republican
Skoufis nay Democrat
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican

An act to amend the Labor Law regarding biometric scanning requirements — 2025-03-26 · Calendar #435

The New York State Senate passed legislation Wednesday restricting private employers from mandating iris and retina scanning of their employees, while carving out government hospitals and medical colleges from the requirement. Senate Print 681, sponsored by Sen. Martinez, passed 52-9 on a roll call vote. The bill amends Section 201A of the Labor Law to allow employers to retain biometric technology but prohibits mandatory use, giving workers the right to opt out without facing employment retaliation. Sen. Martinez, the bill's sponsor, emphasized that biometric data cannot be reset after a breach unlike passwords, potentially causing lifelong identity fraud. She noted the bill was prompted by a constituent who lost her job for refusing iris and retina scanning. The measure faced opposition from Sen. Walczyk, who raised extensive security concerns about applying the opt-out requirement to high-security facilities including data centers, chip manufacturers, nuclear power plants, airports, and pharmaceutical research facilities. Sen. Walczyk questioned how security protocols could function if employees could opt out of biometric scanning. Sen. Weik opposed the bill as unnecessary business regulation imposing additional costs on companies that have already invested in biometric security measures. Nine senators voted against the bill: Fahy, Helming, Oberacker, O'Mara, Rhoads, Skoufis, Walczyk, Weber, and Weik.
PASSED Ayes: 52 · Nays: 9

Debate Summary

The bill amends Section 201A of the Labor Law to prohibit private employers from mandating iris and retina scanning of employees, while carving out government hospitals and medical colleges which may continue to require such biometric scanning. Sen. Walczyk extensively questioned the sponsor about the bill's application to various high-security industries including data centers, chip manufacturers, nuclear facilities, airports, banks, and security companies. Sen. Martinez clarified that the bill allows employers to retain biometric technology but prohibits mandatory use, giving employees the right to opt out without employment retaliation. Sen. Martinez emphasized that biometric data cannot be reset after a breach unlike passwords, citing a constituent who lost employment for refusing iris and retina scanning. Sen. Weik opposed the bill as an unnecessary business regulation imposing additional costs.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Fahy nay Democrat
Helming nay Republican
O'Mara nay Republican
Oberacker nay Republican
Rhoads nay Republican
Skoufis nay Democrat
Walczyk nay Republican
Weber nay Republican
Weik nay Republican