S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2052
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 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:
 
   Section 1. The labor law is amended by adding a new  article  21-B  to
 read as follows:
                               ARTICLE 21-B
            PROTECTION OF CALL CENTER WORKERS FROM DISPLACEMENT
 SECTION 790. DEFINITIONS.
         791. TERMINATED CALL CENTER CONTRACT.
         792. ENTERING INTO A CALL CENTER CONTRACT.
         793. REMEDIES.
         794. NO CONFLICT WITH COLLECTIVE BARGAINING AGREEMENTS.
   § 790. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION IN WHICH
 EMPLOYEES  RECEIVE  PHONE CALLS OR OTHER COMMUNICATIONS, INCLUDING ELEC-
 TRONIC COMMUNICATIONS FOR THE PURPOSE OF PROVIDING  CUSTOMER  ASSISTANCE
 OR FOR RELATED SERVICES SUPPORTIVE OF BUSINESS PROCESSES.
   2.  THE  TERM  "CALL  CENTER CONTRACT" MEANS A CONTRACT WITH A GOVERN-
 MENTAL BODY, OR A SUBCONTRACT WITH AN ENTITY THAT HAS A CONTRACT WITH  A
 GOVERNMENTAL  BODY,  PURSUANT  TO  WHICH  THE  CONTRACTOR FURNISHES CALL
 CENTER SERVICES FOR THE BENEFIT OF THE GOVERNMENTAL BODY.
   3. THE TERM "GOVERNMENTAL BODY" MEANS THE STATE OF  NEW  YORK  OR  ANY
 POLITICAL  SUBDIVISION THEREOF, AND ANY PUBLIC AUTHORITY OR PUBLIC BENE-
 FIT CORPORATION IN THE STATE OF NEW YORK.
   4. THE TERM "CALL  CENTER  EMPLOYEE"  MEANS  ANY  PERSON  EMPLOYED  TO
 PERFORM  CALL  CENTER  SERVICES  WHO HAS BEEN REGULARLY ASSIGNED TO SUCH
 WORK FOR A CALL CENTER CONTRACTOR ON A FULL OR PART-TIME  BASIS  FOR  AT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06817-01-3
              

 A. 2052                             2
 
 LEAST  NINETY  DAYS, EXCEPT FOR (A) PERSONS WHOSE WORK FOR A CALL CENTER
 IS MANAGERIAL OR SUPERVISORY; AND (B)  PERSONS  REGULARLY  SCHEDULED  TO
 WORK FEWER THAN FOUR HOURS PER WEEK FOR THE CALL CENTER.
   5.  THE  TERM  "ENTITY"  MEANS  A PERSON, PARTNERSHIP, PROPRIETORSHIP,
 ASSOCIATION, LIMITED LIABILITY COMPANY, TRUST, CORPORATION, FIRM,  JOINT
 VENTURE OR ENTERPRISE OF ANY KIND.
   6.  THE  TERM  "CALL  CENTER CONTRACTOR" MEANS AN ENTITY (A) THAT IS A
 PARTY TO A CALL CENTER CONTRACT, AND (B) PROVIDES CALL  CENTER  SERVICES
 FOR  THE  BENEFIT  OF  A  GOVERNMENTAL BODY, AND (C) EMPLOYS CALL CENTER
 EMPLOYEES OR ENGAGES A SUBCONTRACTOR OR OTHER  ENTITY  TO  PERFORM  SUCH
 CALL CENTER SERVICES AND THAT ENTITY EMPLOYS CALL CENTER EMPLOYEES.
   7.  THE TERM "TERMINATING CALL CENTER CONTRACTOR" MEANS AN ENTITY THAT
 HAS PROVIDED SERVICES AS A CALL CENTER CONTRACTOR  PURSUANT  TO  A  CALL
 CENTER CONTRACT WHICH IS BEING TERMINATED.
   8.  THE  TERM  "FORMER  CALL  CENTER  CONTRACTOR" MEANS AN ENTITY THAT
 PROVIDED SERVICES AS A CALL CENTER CONTRACTOR PURSUANT TO A CALL  CENTER
 CONTRACT  WHICH  HAS  BEEN  TERMINATED,  AND  AFTER  TERMINATION OF THAT
 CONTRACTOR, A SUCCESSOR CALL CENTER CONTRACTOR HAS PERFORMED SOME OR ALL
 OF THE SAME SERVICES PURSUANT TO A CALL CENTER CONTRACT.
   9. THE TERM "SUCCESSOR CALL CENTER CONTRACTOR" MEANS AN  ENTITY  THAT,
 PURSUANT  TO A CALL CENTER SERVICE CONTRACT, SUCCEEDS TO THE PERFORMANCE
 OF CALL CENTER SERVICES  PREVIOUSLY  PERFORMED  BY  A  TERMINATING  CALL
 CENTER CONTRACTOR.
   § 791. TERMINATED CALL CENTER CONTRACT.  1. NO LESS THAN THIRTY CALEN-
 DAR  DAYS  BEFORE TERMINATION OF A CALL CENTER CONTRACT IN CIRCUMSTANCES
 WHERE A SUCCESSOR CALL  CENTER  CONTRACTOR  WILL  UNDERTAKE  TO  PROVIDE
 SERVICES  THAT  WERE THE SUBJECT OF THE TERMINATING CONTRACT, THE TERMI-
 NATING CALL CENTER CONTRACTOR SHALL PROVIDE TO THE SUCCESSOR CALL CENTER
 CONTRACTOR A FULL AND ACCURATE LIST CONTAINING THE NAME,  ADDRESS,  DATE
 OF HIRE AND EMPLOYMENT CLASSIFICATION OF EACH CALL CENTER EMPLOYEE WHOSE
 WORK  INCLUDES  PROVIDING  CALL CENTER SERVICES THAT WERE THE SUBJECT OF
 THE TERMINATING CONTRACT. THE TERMINATING CALL CENTER  CONTRACTOR  SHALL
 SIMULTANEOUSLY  POST  THE  LIST IN A NOTICE TO THE CALL CENTER EMPLOYEES
 THAT ALSO SETS FORTH THE RIGHTS PROVIDED BY THIS  ARTICLE.  THE  POSTING
 SHALL  BE  IN  A  MANNER OR LOCATION REASONABLY CALCULATED TO BE SEEN BY
 AFFECTED EMPLOYEES. THE POSTING MAY BE ELECTRONIC, PROVIDED THAT  IF  IT
 IS ELECTRONIC, IT MUST BE DIRECTED TO EACH AFFECTED EMPLOYEE INDIVIDUAL-
 LY AND MAY NOT BE A GENERAL POSTING ON A WEBSITE. SUCH NOTICE SHALL ALSO
 BE  PROVIDED  TO THE EMPLOYEES' COLLECTIVE BARGAINING REPRESENTATIVE, IF
 ANY.
   2. UPON TERMINATION OF A CALL SERVICE  CONTRACT  IN  CIRCUMSTANCES  IN
 WHICH  SERVICES  PROVIDED  UNDER  THAT  CONTRACT  WILL BE PERFORMED BY A
 SUCCESSOR CALL CENTER CONTRACTOR, THE SUCCESSOR CALL  CENTER  CONTRACTOR
 SHALL RETAIN THOSE CALL CENTER EMPLOYEES WHO PERFORMED SUCH SERVICES FOR
 THE  FORMER  CALL  CENTER CONTRACTOR IMMEDIATELY PRIOR TO TERMINATION OF
 THAT CONTRACT.  SUCH EMPLOYEES SHALL BE RETAINED FOR A NINETY-DAY  TRAN-
 SITION EMPLOYMENT PERIOD.
   3. IF THE SUCCESSOR CALL CENTER CONTRACTOR IS OBLIGATED TO RETAIN CALL
 CENTER EMPLOYEES PURSUANT TO SUBDIVISION TWO OF THIS SECTION, BUT DETER-
 MINES  THAT  FEWER  CALL  CENTER  EMPLOYEES  ARE REQUIRED TO PERFORM THE
 SERVICES THAT ARE THE SUBJECT OF THE CONTRACT THAN HAD BEEN REQUIRED  TO
 PERFORM  SUCH SERVICES BY THE FORMER CALL CENTER CONTRACTOR, THE SUCCES-
 SOR CALL CENTER CONTRACTOR SHALL FILL THE POSITIONS THAT  IT  DETERMINES
 ARE  NEEDED  WITH  THE CALL CENTER EMPLOYEES WITH THE GREATEST SENIORITY
 WITHIN JOB CLASSIFICATION; PROVIDED, THAT DURING THE NINETY-DAY  TRANSI-
 TION PERIOD, THE SUCCESSOR CALL CENTER CONTRACTOR SHALL MAINTAIN A PREF-
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 ERENTIAL  HIRING  LIST  OF THOSE CALL CENTER EMPLOYEES NOT RETAINED, AND
 THOSE ON THE PREFERENTIAL HIRING LIST SHALL BE GIVEN A  RIGHT  OF  FIRST
 REFUSAL  TO  ANY JOBS WITHIN THEIR CLASSIFICATIONS THAT BECOME AVAILABLE
 DURING THAT PERIOD.
   4. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, DURING THE
 NINETY-DAY TRANSITION PERIOD, THE SUCCESSOR CALL CENTER CONTRACTOR SHALL
 NOT  DISCHARGE WITHOUT CAUSE A CALL CENTER EMPLOYEE RETAINED PURSUANT TO
 THIS ARTICLE.
   5. AT THE END OF THE NINETY-DAY TRANSITION PERIOD, THE SUCCESSOR  CALL
 CENTER  CONTRACTOR  SHALL  PERFORM  A WRITTEN PERFORMANCE EVALUATION FOR
 EACH CALL CENTER EMPLOYEE RETAINED PURSUANT TO  THIS  ARTICLE.  IF  SUCH
 EMPLOYEE'S PERFORMANCE DURING THE NINETY-DAY TRANSITION PERIOD IS SATIS-
 FACTORY,  THE SUCCESSOR CALL CENTER CONTRACTOR SHALL OFFER SUCH EMPLOYEE
 CONTINUED EMPLOYMENT.
   6. IF THE SUCCESSOR CALL CENTER CONTRACTOR ENGAGES A SUBCONTRACTOR  OR
 OTHER ENTITY TO PERFORM CALL CENTER SERVICES PROVIDED FOR IN A SUCCESSOR
 CALL  CENTER  CONTRACT,  THAT  SUCCESSOR  CALL  CENTER  CONTRACTOR SHALL
 REQUIRE THE SUBCONTRACTOR OR OTHER ENTITY TO ADHERE TO ALL OF THE  OBLI-
 GATIONS OF THIS ARTICLE.
   §  792.  ENTERING  INTO A CALL CENTER CONTRACT.  1. WHENEVER A GOVERN-
 MENTAL BODY SHALL UNDERTAKE TO PROCURE CALL CENTER SERVICES USING A CALL
 CENTER CONTRACTOR, THE GOVERNMENTAL BODY  SHALL  ENSURE  THAT  THE  CALL
 CENTER  CONTRACT  WITH  SUCH ENTITY INCLUDES THE OBLIGATIONS PURSUANT TO
 THIS ARTICLE, INCLUDING, WHERE APPLICABLE, THE CALL CENTER  CONTRACTOR'S
 OBLIGATION  TO  RETAIN  CALL  CENTER EMPLOYEES OF THE FORMER CALL CENTER
 CONTRACTOR.  THE  OBLIGATION  TO  RETAIN  THE  TERMINATING  CALL  CENTER
 CONTRACTOR'S  EMPLOYEES  SHALL  BE  INCLUDED IN THE CALL CENTER CONTRACT
 IRRESPECTIVE  OF  WHETHER  THE  TERMINATING  CALL  CENTER   CONTRACTOR'S
 CONTRACT  INCLUDED  THE OBLIGATIONS PURSUANT TO THIS ARTICLE. SUCH OBLI-
 GATIONS SHALL BE SET FORTH IN REQUESTS FOR PROPOSALS OR OTHER  SOLICITA-
 TIONS AND, IN ANY EVENT, SHALL BE INCLUDED IN EACH CALL CENTER CONTRACT.
 WHETHER  OR  NOT THE PROVISIONS ARE INCLUDED IN SUCH CONTRACT, THE OBLI-
 GATIONS UNDER THIS ARTICLE SHALL APPLY  TO  THE  SUCCESSOR  CALL  CENTER
 CONTRACTOR  WHENEVER  SUCH  CONTRACTOR BEGINS PERFORMANCE ON A SUCCESSOR
 CALL CENTER CONTRACT ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   2. A GOVERNMENTAL BODY INTENDING TO ENTER INTO A CALL  CENTER  SERVICE
 CONTRACT,  IN  CIRCUMSTANCES IN WHICH SUCH SERVICES HAD THERETOFORE BEEN
 PERFORMED BY CALL CENTER EMPLOYEES PURSUANT TO A CALL  CENTER  CONTRACT,
 SHALL  REQUIRE  ANY ENTITY SEEKING TO ENTER INTO SUCH CONTRACT TO DEMON-
 STRATE THAT IT WILL ESTABLISH THE SITE FOR ITS PERFORMANCE IN A LOCATION
 WHICH IS REASONABLY ACCESSIBLE TO THE EMPLOYEES WHO HAVE BEEN PERFORMING
 SUCH SERVICES PRIOR TO THE SOLICITATION OF BIDS  FOR  A  SUCCESSOR  CALL
 CENTER  CONTRACT.  IN DETERMINING WHETHER THE SITE PROFFERED BY A BIDDER
 MEETS THE REASONABLE ACCESSIBILITY STANDARD, THE GOVERNMENTAL BODY SHALL
 CONSIDER THE AVAILABILITY OF  PUBLIC  TRANSPORTATION  TO  RETAINED  CALL
 CENTER  EMPLOYEES  AND  PREVAILING  TRAFFIC  PATTERNS  IN AND AROUND THE
 PROPOSED SITE. A SITE WHICH IS WITHIN TEN MILES OF,  OR  AVERAGE  TRAVEL
 TIME  BY PUBLIC OR PRIVATE TRANSPORTATION OF NOT MORE THAN ONE-HALF HOUR
 FROM, THE  LOCATION  OF  THE  AFFECTED  EMPLOYEES'  WORK  FACILITY  WHEN
 EMPLOYED  BY  THE  FORMER CALL CENTER CONTRACTOR SHALL BE PRESUMED TO BE
 REASONABLY ACCESSIBLE UNLESS UNUSUAL OBSTACLES TO ACCESS ARE PRESENT.
   § 793. REMEDIES.  1. A CALL CENTER EMPLOYEE WHO HAS BEEN DISCHARGED OR
 NOT RETAINED IN VIOLATION OF THIS ARTICLE MAY BRING  AN  ACTION  IN  THE
 SUPREME  COURT AGAINST A FORMER CALL CENTER CONTRACTOR OR SUCCESSOR CALL
 CENTER CONTRACTOR,  INCLUDING  ITS  SUBCONTRACTORS,  OR  IN  APPROPRIATE
 A. 2052                             4
 
 CIRCUMSTANCES,  AGAINST  BOTH,  FOR  VIOLATION OF ANY OBLIGATION IMPOSED
 PURSUANT TO THIS ARTICLE.
   2.  THE  COURT SHALL HAVE AUTHORITY TO ORDER PRELIMINARY AND PERMANENT
 EQUITABLE RELIEF, INCLUDING, BUT NOT LIMITED TO,  REINSTATEMENT  OF  ANY
 EMPLOYEE  WHO  HAS  BEEN DISCHARGED OR NOT RETAINED IN VIOLATION OF THIS
 ARTICLE.
   3. IF THE COURT FINDS THAT A CALL CENTER EMPLOYEE HAS BEEN  DISCHARGED
 OR  NOT  RETAINED  IN  VIOLATION  OF THIS ARTICLE, IT SHALL AWARD TO THE
 EMPLOYEE:
   (A) BACK PAY, AND AN EQUAL AMOUNT AS LIQUIDATED DAMAGES, FOR EACH  DAY
 DURING  WHICH  THE  VIOLATION  CONTINUES, WHICH SHALL BE CALCULATED AT A
 RATE OF COMPENSATION NOT LESS THAN THE HIGHER OF (I) THE AVERAGE REGULAR
 RATE OF PAY RECEIVED BY THE  EMPLOYEE  DURING  THE  SIX  MONTHS  OF  THE
 EMPLOYEE'S EMPLOYMENT IN THE SAME OCCUPATION CLASSIFICATION; OR (II) THE
 FINAL REGULAR RATE RECEIVED BY THE EMPLOYEE. BACK PAY SHALL APPLY TO THE
 PERIOD  COMMENCING  WITH  THE DATE OF THE DISCHARGE OR REFUSAL-TO-RETAIN
 THROUGH THE EFFECTIVE DATE OF ANY OFFER OF INSTATEMENT OR  REINSTATEMENT
 OF THE EMPLOYEE; AND
   (B)  COSTS  OF BENEFITS THE FORMER CALL CENTER CONTRACTOR OR SUCCESSOR
 CALL CENTER CONTRACTOR WOULD HAVE INCURRED FOR THE EMPLOYEE  UNDER  SUCH
 EMPLOYEE'S BENEFIT PLAN; AND
   (C) THE EMPLOYEE'S REASONABLE ATTORNEY'S FEES AND COSTS.
   4.  IN  ANY  SUCH  ACTION, THE COURT SHALL HAVE AUTHORITY TO ORDER THE
 FORMER CALL CENTER CONTRACTOR OR THE SUCCESSOR CALL  CENTER  CONTRACTOR,
 AS  APPLICABLE,  TO  PROVIDE  ANY  INFORMATION REQUIRED PURSUANT TO THIS
 ARTICLE.
   §  794.  NO  CONFLICT  WITH  COLLECTIVE  BARGAINING  AGREEMENTS.   THE
 PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO ANY:
   1.  SUCCESSOR  CALL CENTER CONTRACTOR THAT, ON OR BEFORE THE EFFECTIVE
 DATE OF A TERMINATION OF A CALL CENTER CONTRACT, AGREES TO ASSUME, OR TO
 BE BOUND BY, THE COLLECTIVE BARGAINING  AGREEMENT  OF  THE  FORMER  CALL
 CENTER  CONTRACTOR,  PROVIDED  THAT  THE COLLECTIVE BARGAINING AGREEMENT
 PROVIDES TERMS AND CONDITIONS FOR THE DISCHARGE OR LAYING OFF OF EMPLOY-
 EES THAT ARE AT LEAST AS PROTECTIVE OF EMPLOYEE RIGHTS AS THOSE PURSUANT
 TO THIS ARTICLE; AND
   2. SUCCESSOR CALL CENTER CONTRACTOR WHOSE CALL CENTER  EMPLOYEES  WILL
 BE ACCRETED TO A BARGAINING UNIT WITH A PRE-EXISTING COLLECTIVE BARGAIN-
 ING   AGREEMENT,  PROVIDED  THAT  THE  COLLECTIVE  BARGAINING  AGREEMENT
 PROVIDES TERMS AND CONDITIONS FOR THE DISCHARGE OR LAYING OFF OF EMPLOY-
 EES THAT ARE AT LEAST AS PROTECTIVE OF EMPLOYEE RIGHTS AS THOSE PURSUANT
 TO THIS ARTICLE; AND
   3. FORMER CALL CENTER CONTRACTOR THAT  OBTAINS  A  WRITTEN  COMMITMENT
 FROM  A  SUCCESSOR CALL CENTER CONTRACTOR THAT THE SUCCESSOR CALL CENTER
 CONTRACTOR'S CALL CENTER EMPLOYEES  WILL  BE  COVERED  BY  A  COLLECTIVE
 BARGAINING   AGREEMENT  THAT  PROVIDES  TERMS  AND  CONDITIONS  FOR  THE
 DISCHARGE OR LAYING OFF OF EMPLOYEES THAT ARE AT LEAST AS PROTECTIVE  OF
 EMPLOYEE RIGHTS AS THOSE PURSUANT TO THIS ARTICLE.
   §  2.  Severability.  If  any provision of this law or the application
 thereof to any person or circumstance is held invalid,  such  invalidity
 shall  not  affect other provisions of the law which can be given effect
 without the invalid provision  or  application,  and  to  this  end  the
 provisions of this article shall be severable.
   § 3. This act shall take effect immediately.