Bill Text: NY A08939 | 2023-2024 | General Assembly | Amended
Bill Title: Prevents the displacement of call center workers who provide call center services for the government in certain circumstances; provides protections for call center workers when contracts with call center contractors are terminated; requires new call center contractors to hire existing call center workers; protects collective bargaining agreements.
Spectrum: Moderate Partisan Bill (Democrat 47-8)
Status: (Introduced) 2024-05-21 - reported referred to codes [A08939 Detail]
Download: New_York-2023-A08939-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8939--A IN ASSEMBLY January 30, 2024 ___________ Introduced by M. of A. BRONSON, TAYLOR, RAMOS, BENEDETTO, ZACCARO, DINOWITZ, FALL, DICKENS, SEAWRIGHT, SEPTIMO, BURGOS, STERN, L. ROSEN- THAL, BURDICK, DURSO, HEVESI, O'DONNELL, REILLY, SIMON, REYES, GLICK, LEE, EPSTEIN, SIMONE, LUNSFORD, THIELE, TAPIA, SHRESTHA, LEVENBERG, GONZALEZ-ROJAS, ALVAREZ, BORES, CARROLL, PIROZZOLO, GIBBS, ARDILA, SHIMSKY, TANNOUSIS, SLATER, DARLING, PAULIN, ZINERMAN, JEAN-PIERRE, DeSTEFANO, McMAHON, SILLITTI, PHEFFER AMATO, CONRAD, COLTON, RIVERA, DE LOS SANTOS, BENDETT -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to preventing the displace- ment of call center workers who provide call center services for the government in certain circumstances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new article 21-B to 2 read as follows: 3 ARTICLE 21-B 4 PROTECTION OF CALL CENTER WORKERS FROM DISPLACEMENT 5 Section 790. Definitions. 6 791. Terminated call center contract. 7 792. Entering into a call center contract. 8 793. Enforcement. 9 794. No conflict with collective bargaining agreements. 10 § 790. Definitions. As used in this article: 11 1. The term "call center" means a facility or other operation in which 12 employees receive phone calls or other communications, including elec- 13 tronic communications for the purpose of providing customer assistance 14 or for related services supportive of business processes. 15 2. The term "call center contract" means a contract with a govern- 16 mental body, or a subcontract with an entity that has a contract with a 17 governmental body, pursuant to which the contractor furnishes call 18 center services for the benefit of the governmental body. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06817-02-4A. 8939--A 2 1 3. The term "governmental body" means the state of New York or any 2 political subdivision thereof, and any public authority or public bene- 3 fit corporation in the state of New York. 4 4. The term "call center employee" means any person employed to 5 perform call center services who has been regularly assigned to such 6 work for a call center contractor on a full or part-time basis for at 7 least ninety days, except for (a) persons whose work for a call center 8 is managerial or supervisory; and (b) persons regularly scheduled to 9 work fewer than four hours per week for the call center. 10 5. The term "entity" means a person, partnership, proprietorship, 11 association, limited liability company, trust, corporation, firm, joint 12 venture or enterprise of any kind. 13 6. The term "call center contractor" means an entity (a) that is a 14 party to a call center contract, and (b) provides call center services 15 for the benefit of a governmental body, and (c) employs call center 16 employees or engages a subcontractor or other entity to perform such 17 call center services and that entity employs call center employees. 18 7. The term "terminating call center contractor" means an entity that 19 has provided services as a call center contractor pursuant to a call 20 center contract which is being terminated. 21 8. The term "former call center contractor" means an entity that 22 provided services as a call center contractor pursuant to a call center 23 contract which has been terminated, and after termination of that 24 contractor, a successor call center contractor has performed some or all 25 of the same services pursuant to a call center contract. 26 9. The term "successor call center contractor" means an entity that, 27 pursuant to a call center service contract, succeeds to the performance 28 of call center services previously performed by a terminating call 29 center contractor. 30 § 791. Terminated call center contract. 1. No less than thirty calen- 31 dar days before termination of a call center contract in circumstances 32 where a successor call center contractor will undertake to provide 33 services that were the subject of the terminating contract, the termi- 34 nating call center contractor shall provide to the successor call center 35 contractor a full and accurate list containing the name, address, date 36 of hire and employment classification of each call center employee whose 37 work includes providing call center services that were the subject of 38 the terminating contract. The terminating call center contractor shall 39 simultaneously post the list in a notice to the call center employees 40 that also sets forth the rights provided by this article. The posting 41 shall be in a manner or location reasonably calculated to be seen by 42 affected employees. The posting may be electronic, provided that if it 43 is electronic, it must be directed to each affected employee individual- 44 ly and may not be a general posting on a website. Such notice shall also 45 be provided to the employees' collective bargaining representative, if 46 any. 47 2. Upon termination of a call service contract in circumstances in 48 which services provided under that contract will be performed by a 49 successor call center contractor, the successor call center contractor 50 shall retain those call center employees who performed such services for 51 the former call center contractor immediately prior to termination of 52 that contract. It shall be considered a material term of the call 53 center contract that such employees shall be retained for a ninety-day 54 transition employment period. 55 3. If the successor call center contractor is obligated to retain call 56 center employees pursuant to subdivision two of this section, but deter-A. 8939--A 3 1 mines that fewer call center employees are required to perform the 2 services that are the subject of the contract than had been required to 3 perform such services by the former call center contractor, the succes- 4 sor call center contractor shall fill the positions that it determines 5 are needed with the call center employees with the greatest seniority 6 within job classification; provided, that during the ninety-day transi- 7 tion period, the successor call center contractor shall maintain a pref- 8 erential hiring list of those call center employees not retained, and 9 those on the preferential hiring list shall be given a right of first 10 refusal to any jobs within their classifications that become available 11 during that period. 12 4. Except as provided in subdivision three of this section, during the 13 ninety-day transition period, the successor call center contractor shall 14 not discharge without cause a call center employee retained pursuant to 15 this article. 16 5. At the end of the ninety-day transition period, the successor call 17 center contractor shall perform a written performance evaluation for 18 each call center employee retained pursuant to this article. If such 19 employee's performance during the ninety-day transition period is satis- 20 factory, the successor call center contractor shall offer such employee 21 continued employment. 22 6. If the successor call center contractor engages a subcontractor or 23 other entity to perform call center services provided for in a successor 24 call center contract, that successor call center contractor shall 25 require the subcontractor or other entity to adhere to all of the obli- 26 gations of this article. 27 § 792. Entering into a call center contract. 1. Whenever a govern- 28 mental body shall undertake to procure call center services using a call 29 center contractor, the governmental body shall ensure that the call 30 center contract with such entity includes the obligations pursuant to 31 this article, including, where applicable, the call center contractor's 32 obligation to retain call center employees of the former call center 33 contractor. The obligation to retain the terminating call center 34 contractor's employees shall be considered a material term of the call 35 center contract and included in the call center contract irrespective of 36 whether the terminating call center contractor's contract included the 37 obligations pursuant to this article. Such obligations shall be set 38 forth in requests for proposals or other solicitations and, in any 39 event, shall be included in each call center contract. Whether or not 40 the provisions are included in such contract, the obligations under this 41 article shall apply to the successor call center contractor whenever 42 such contractor begins performance on a successor call center contract 43 on or after the effective date of this article. 44 2. A governmental body intending to enter into a call center service 45 contract, in circumstances in which such services had theretofore been 46 performed by call center employees pursuant to a call center contract, 47 shall require any entity seeking to enter into such contract to demon- 48 strate that it will establish the worksite for its performance in a 49 location which is reasonably accessible to the employees who have been 50 performing such services prior to the solicitation of bids for a succes- 51 sor call center contract. For the purposes of this section, a worksite 52 shall be considered reasonably accessible if it is 10 miles or less from 53 the location of the affected employees' worksite where such employees 54 performed work-related duties in the course of their employment for the 55 former call center contractor, provided that any worksite shall not 56 include an employee's domicile, permanent or temporary, where an employ-A. 8939--A 4 1 ee performs any work-related duty in the course of their employment. The 2 requirements of this subdivision shall not apply to successor call 3 center contractors that intend for the work-related duties of the 4 affected call center employees previously employed by the former call 5 center contractor to be performed remotely. 6 § 793. Enforcement. If a given governmental entity finds that the 7 successor call center contractor has committed a material breach of 8 contract by not retaining the affected call center employees employed by 9 the former call center contractor for the ninety-day transition period 10 pursuant to this article within thirty days of the termination of the 11 former contract, such governmental entity shall notify the state comp- 12 troller and the successor call center contractor of such breach of 13 contract and allow the successor call center contractor a period of 14 thirty days to cure such breach. Such thirty-day cure period shall 15 commence upon the successor call center contractor's receipt of such 16 notification. If such breach is not rectified within such period, the 17 given governmental entity shall notify the state comptroller and termi- 18 nate the contract with the successor call center contractor, unless the 19 state comptroller determines that it is in the best interest of the 20 state to maintain such contract. Additionally, if the breach is not 21 rectified within the thirty-day cure period, the state comptroller may 22 deduct amounts sufficient to satisfy the lost wages of the affected call 23 center employees from payment owed to the successor call center contrac- 24 tor that has committed the material breach of contract. Such funds shall 25 be disbursed to satisfy any lost wages suffered by call center employees 26 affected by the successor call center contractor's failure to retain 27 such employees. 28 § 794. No conflict with collective bargaining agreements. The 29 provisions of this article shall not apply to any: 30 1. Successor call center contractor that, on or before the effective 31 date of a termination of a call center contract, agrees to assume, or to 32 be bound by, the collective bargaining agreement of the former call 33 center contractor, provided that the collective bargaining agreement 34 provides terms and conditions for the discharge or laying off of employ- 35 ees that are at least as protective of employee rights as those pursuant 36 to this article; and 37 2. Successor call center contractor whose call center employees will 38 be accreted to a bargaining unit with a pre-existing collective bargain- 39 ing agreement, provided that the collective bargaining agreement 40 provides terms and conditions for the discharge or laying off of employ- 41 ees that are at least as protective of employee rights as those pursuant 42 to this article; and 43 3. Former call center contractor that obtains a written commitment 44 from a successor call center contractor that the successor call center 45 contractor's call center employees will be covered by a collective 46 bargaining agreement that provides terms and conditions for the 47 discharge or laying off of employees that are at least as protective of 48 employee rights as those pursuant to this article. 49 § 2. Severability. If any provision of this law or the application 50 thereof to any person or circumstance is held invalid, such invalidity 51 shall not affect other provisions of the law which can be given effect 52 without the invalid provision or application, and to this end the 53 provisions of this article shall be severable. 54 § 3. This act shall take effect immediately.
