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.
N.Y. Correct. Law § 859