ยง  859. When employment prohibited. No employment under a work release
  program may be approved or continued if (a) such employment  results  in
  the displacement of employed workers, or is applied in skills, crafts or
  trades  in  which there is a surplus of available labor in the locality,
  or (b) the rates of pay and other conditions of employment  are  not  at
  least  equal to those paid or provided for work of similar nature in the
  locality in which the work is to be performed, or (c) there is any labor
  strike or  lockout  in  the  establishment  in  which  the  incarcerated
  individual is employed.
Structure New York Laws
Article 26 - Temporary Release Programs for State Correctional Institutions
853 - Reporting and Information.
854 - Evaluation and Recommendation.
855 - Procedure for Temporary Release of Incarcerated Individuals.
856 - Conduct of Incarcerated Individuals Participating in a Temporary Release Program.
857 - Complaint and Abuse Review.
858 - Application of Labor Laws.
859 - When Employment Prohibited.
860 - Disposition of Earnings.