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 48-8)

Status: (Engrossed) 2024-06-06 - RETURNED TO ASSEMBLY [A08939 Detail]

Download: New_York-2023-A08939-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8939--B
                                                                   R. R. 260

                   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, JACOBSON, MEEKS, J. A. GIGLIO, EACHUS --  read
          once  and  referred to the Committee on Labor -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  reported  and  referred  to  the  Committee on Codes --
          reported and referred to the Committee on Rules -- ordered to a  third
          reading  --  amended  on  the  special order of third reading, ordered
          reprinted as amended, retaining its place  on  the  special  order  of
          third reading

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06817-06-4

        A. 8939--B                          2

     1    2.  The  term  "call  center contract" means a contract with a govern-
     2  mental body, or a subcontract with an entity that has a contract with  a
     3  governmental  body,  pursuant  to  which  the  contractor furnishes call
     4  center services for the benefit of the governmental body.
     5    3.  The  term  "governmental  body" means the state of New York or any
     6  political subdivision thereof, and any public authority or public  bene-
     7  fit corporation in the state of New York.
     8    4.  The  term  "call  center  employee"  means  any person employed to
     9  perform call center services who has been  regularly  assigned  to  such
    10  work  for  a  call center contractor on a full or part-time basis for at
    11  least ninety days, except for (a) persons whose work for a  call  center
    12  is  managerial  or  supervisory;  and (b) persons regularly scheduled to
    13  work fewer than four hours per week for the call center.
    14    5. The term "entity"  means  a  person,  partnership,  proprietorship,
    15  association,  limited liability company, trust, corporation, firm, joint
    16  venture or enterprise of any kind.
    17    6. The term "call center contractor" means an entity  (a)  that  is  a
    18  party  to  a call center contract, and (b) provides call center services
    19  for the benefit of a governmental body,  and  (c)  employs  call  center
    20  employees  or  engages  a  subcontractor or other entity to perform such
    21  call center services and that entity employs call center employees.
    22    7. The term "terminating call center contractor" means an entity  that
    23  has  provided  services  as  a call center contractor pursuant to a call
    24  center contract which is being terminated.
    25    8. The term "former call  center  contractor"  means  an  entity  that
    26  provided  services as a call center contractor pursuant to a call center
    27  contract which has  been  terminated,  and  after  termination  of  that
    28  contractor, a successor call center contractor has performed some or all
    29  of the same services pursuant to a call center contract.
    30    9.  The  term "successor call center contractor" means an entity that,
    31  pursuant to a call center service contract, succeeds to the  performance
    32  of  call  center  services  previously  performed  by a terminating call
    33  center contractor.
    34    § 791. Terminated call center contract.  1. No less than thirty calen-
    35  dar days before termination of a call center contract  in  circumstances
    36  where  a  successor  call  center  contractor  will undertake to provide
    37  services that were the subject of the terminating contract,  the  termi-
    38  nating call center contractor shall provide to the successor call center
    39  contractor  a  full and accurate list containing the name, address, date
    40  of hire and employment classification of each call center employee whose
    41  work includes providing call center services that were  the  subject  of
    42  the  terminating  contract. The terminating call center contractor shall
    43  simultaneously post the list in a notice to the  call  center  employees
    44  that  also  sets  forth the rights provided by this article. The posting
    45  shall be in a manner or location reasonably calculated  to  be  seen  by
    46  affected  employees.  The posting may be electronic, provided that if it
    47  is electronic, it must be directed to each affected employee individual-
    48  ly and may not be a general posting on a website. Such notice shall also
    49  be provided to the employees' collective bargaining  representative,  if
    50  any.
    51    2.  Upon  termination  of  a call service contract in circumstances in
    52  which services provided under that  contract  will  be  performed  by  a
    53  successor  call  center contractor, the successor call center contractor
    54  shall retain those call center employees who performed such services for
    55  the former call center contractor immediately prior  to  termination  of
    56  that  contract.    It  shall  be  considered a material term of the call

        A. 8939--B                          3

     1  center contract that such employees shall be retained for  a  ninety-day
     2  transition employment period.
     3    3. If the successor call center contractor is obligated to retain call
     4  center employees pursuant to subdivision two of this section, but deter-
     5  mines  that  fewer  call  center  employees  are required to perform the
     6  services that are the subject of the contract than had been required  to
     7  perform  such services by the former call center contractor, the succes-
     8  sor call center contractor shall fill the positions that  it  determines
     9  are  needed  with  the call center employees with the greatest seniority
    10  within job classification; provided, that during the ninety-day  transi-
    11  tion period, the successor call center contractor shall maintain a pref-
    12  erential  hiring  list  of those call center employees not retained, and
    13  those on the preferential hiring list shall be given a  right  of  first
    14  refusal  to  any jobs within their classifications that become available
    15  during that period.  Upon determining which employees shall be  retained
    16  for the ninety-day transition period, the successor call center contrac-
    17  tor  shall  provide  a list of such employees to the contracting govern-
    18  mental body.
    19    4. Except as provided in subdivision three of this section, during the
    20  ninety-day transition period, the successor call center contractor shall
    21  not discharge without cause a call center employee retained pursuant  to
    22  this article.
    23    5.  At the end of the ninety-day transition period, the successor call
    24  center contractor shall perform a  written  performance  evaluation  for
    25  each  call  center  employee  retained pursuant to this article. If such
    26  employee's performance during the ninety-day transition period is satis-
    27  factory, the successor call center contractor shall offer such  employee
    28  continued employment.
    29    6.  If the successor call center contractor engages a subcontractor or
    30  other entity to perform call center services provided for in a successor
    31  call center  contract,  that  successor  call  center  contractor  shall
    32  require  the subcontractor or other entity to adhere to all of the obli-
    33  gations of this article.
    34    § 792. Entering into a call center contract.   1. Whenever  a  govern-
    35  mental body shall undertake to procure call center services using a call
    36  center  contractor,  the  governmental  body  shall ensure that the call
    37  center contract with such entity includes the  obligations  pursuant  to
    38  this  article, including, where applicable, the call center contractor's
    39  obligation to retain call center employees of  the  former  call  center
    40  contractor.  The  obligation  to  retain  the  terminating  call  center
    41  contractor's employees shall be considered a material term of  the  call
    42  center contract and included in the call center contract irrespective of
    43  whether  the  terminating call center contractor's contract included the
    44  obligations pursuant to this article.  Such  obligations  shall  be  set
    45  forth  in  requests  for  proposals  or  other solicitations and, in any
    46  event, shall be included in each call center contract.  Whether  or  not
    47  the provisions are included in such contract, the obligations under this
    48  article  shall  apply  to  the successor call center contractor whenever
    49  such contractor begins performance on a successor call  center  contract
    50  on or after the effective date of this article.
    51    2.  A  governmental body intending to enter into a call center service
    52  contract, in circumstances in which such services had  theretofore  been
    53  performed  by  call center employees pursuant to a call center contract,
    54  shall require any entity seeking to enter into such contract  to  demon-
    55  strate  that  it  will  establish  the worksite for its performance in a
    56  location which is reasonably accessible to the employees who  have  been

        A. 8939--B                          4

     1  performing such services prior to the solicitation of bids for a succes-
     2  sor  call center contract.  For the purposes of this section, a worksite
     3  shall be considered reasonably accessible if it is 10 miles or less from
     4  the  location  of  the affected employees' worksite where such employees
     5  performed work-related duties in the course of their employment for  the
     6  former  call  center  contractor,  provided  that any worksite shall not
     7  include an employee's domicile, permanent or temporary, where an employ-
     8  ee performs any work-related duty in the course of their employment. The
     9  requirements of this subdivision  shall  not  apply  to  successor  call
    10  center  contractors  that  intend  for  the  work-related  duties of the
    11  affected call center employees previously employed by  the  former  call
    12  center contractor to be performed remotely.
    13    §  793.  Enforcement.  1.  If a given governmental body finds that the
    14  successor call center contractor has  committed  a  material  breach  of
    15  contract by not retaining the affected call center employees employed by
    16  the  former  call center contractor for the ninety-day transition period
    17  pursuant to this article within thirty days of the  termination  of  the
    18  former  contract, such governmental body shall notify the successor call
    19  center contractor of such breach of contract,  and  the  successor  call
    20  center  contractor  shall  have  a  period  of  thirty days to cure such
    21  breach.  Such thirty-day cure period shall commence upon  the  successor
    22  call  center  contractor's receipt of such notification.  If such breach
    23  is not rectified within such period, the given governmental  body  shall
    24  notify the state comptroller and terminate the contract with the succes-
    25  sor  call  center  contractor,  unless such governmental body determines
    26  that it is in the best interest of the state to maintain such  contract.
    27  Additionally,  if the breach is not rectified within the thirty-day cure
    28  period, the governmental body shall deduct amounts sufficient  to  remit
    29  to the affected call center employees from payment owed to the successor
    30  call center contractor and submit a voucher to the state comptroller for
    31  such  amount  to remit to the affected call center employees.  The state
    32  comptroller may approve such funds as payable to call  center  employees
    33  affected  by  the  successor  call center contractor's failure to retain
    34  such employees.
    35    2. The governmental body shall pay directly to any  affected  employee
    36  the certified amount or amounts shown to be due to such affected employ-
    37  ee  in any estimate or voucher, thereby  discharging  the  obligation of
    38  the contractor or subcontractor to the person receiving such payment  to
    39  the extent of the amount thereof.
    40    §   794.  No  conflict  with  collective  bargaining  agreements.  The
    41  provisions of this article shall not apply to any:
    42    1. Successor call center contractor that, on or before  the  effective
    43  date of a termination of a call center contract, agrees to assume, or to
    44  be  bound  by,  the  collective  bargaining agreement of the former call
    45  center contractor, provided that  the  collective  bargaining  agreement
    46  provides terms and conditions for the discharge or laying off of employ-
    47  ees that are at least as protective of employee rights as those pursuant
    48  to this article; and
    49    2.  Successor  call center contractor whose call center employees will
    50  be accreted to a bargaining unit with a pre-existing collective bargain-
    51  ing  agreement,  provided  that  the  collective  bargaining   agreement
    52  provides terms and conditions for the discharge or laying off of employ-
    53  ees that are at least as protective of employee rights as those pursuant
    54  to this article; and
    55    3.  Former  call  center  contractor that obtains a written commitment
    56  from a successor call center contractor that the successor  call  center

        A. 8939--B                          5

     1  contractor's  call  center  employees  will  be  covered by a collective
     2  bargaining  agreement  that  provides  terms  and  conditions  for   the
     3  discharge  or laying off of employees that are at least as protective of
     4  employee rights as those pursuant to this article.
     5    §  2.  Severability.  If  any provision of this law or the application
     6  thereof to any person or circumstance is held invalid,  such  invalidity
     7  shall  not  affect other provisions of the law which can be given effect
     8  without the invalid provision  or  application,  and  to  this  end  the
     9  provisions of this article shall be severable.
    10    § 3. This act shall take effect immediately.
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