Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 28, 2024 |
referred to labor delivered to assembly passed senate |
Mar 04, 2024 |
advanced to third reading |
Feb 28, 2024 |
2nd report cal. |
Feb 27, 2024 |
1st report cal.530 |
Jan 03, 2024 |
referred to labor returned to senate died in assembly |
Jun 01, 2023 |
referred to labor delivered to assembly passed senate |
May 15, 2023 |
advanced to third reading |
May 10, 2023 |
2nd report cal. |
May 09, 2023 |
1st report cal.858 |
Apr 14, 2023 |
referred to labor |
Senate Bill S6328
2023-2024 Legislative Session
Prevents the displacement of call center workers who provide call center services for the government in certain circumstances
download bill text pdfSponsored By
(D, WF) 13th Senate District
Current Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 28, 2024
aye (51)- Addabbo Jr.
- Ashby
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Martins
- Mattera
- May
- Mayer
- Murray
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
- Weik
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Floor Vote: Jun 1, 2023
aye (46)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Mattera
- May
- Mayer
- Murray
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (12)
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Feb 27, 2024 - Labor Committee Vote
S632810Aye1Nay2Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D, WF) 46th Senate District
(D, WF) 55th Senate District
(D, WF) 17th Senate District
(D) 30th Senate District
(D, WF) 56th Senate District
(D) 34th Senate District
(D, WF) 59th Senate District
(D) 26th Senate District
(D, WF) 40th Senate District
(D, WF) 41st Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 27th Senate District
(D) 50th Senate District
(D, WF) 4th Senate District
(R, C) 2nd Senate District
(R, C) 3rd Senate District
(R) 1st Senate District
(D, WF) 33rd Senate District
(D, WF) 18th Senate District
(D) 23rd Senate District
(D, WF) 29th Senate District
(D) 42nd Senate District
(D, WF) 52nd Senate District
2023-S6328 (ACTIVE) - Details
2023-S6328 (ACTIVE) - Summary
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.
2023-S6328 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6328 SPONSOR: RAMOS TITLE OF BILL: 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 PURPOSE: This bill would protect workers who provide call center services under a contract between their employer and a governmental entity from displace- ment in the event that the contracting governmental body selects another contractor to perform that work SUMMARY OF PROVISIONS: This bill adds new article 21-A to the labor law to require that succes- sors to contracts with state and local governmental bodies providing for call center services retain the employees of the predecessor contractor for a trial period in which the employees may be evaluated for continued
employment. JUSTIFICATION: Some state and local governmental bodies in New York contract with private sector employers for the provision of call center services for the benefit of the government. The employees who perform this work provide a valuable service to the state and its subdivisions. Many are not well-compensated for that work and may live with great anxiety about their continued income. Those governmental entities that contract for such services periodically re-bid the work. The rebidding is often required by law and, in any event, may be a sound fiscally prudent practice. However, the re-bidding can be extremely detrimental to the employees who do this work. Even though these may have become highly knowledgeable and efficient in their work, they may be entirely displaced if the successor contractor decides to use a different workforce. Call center employees live in dread of this kind of displacement. There is no reason why the state of New York and its subdivisions should themselves be the architect of this unnecessary misery for working people. This bill requires only that when political subdivisions of this state decide to procure new contracts for call center services, they require bidders to agree to retain the existing workforce for a period of 90 days during which the employees may demonstrate their fitness for the job. During the 90-day period, the employees may be dismissed only for cause. At the conclusion of that period, the employee must be provided a written evaluation and if the employee's service has been satisfactory, the employee must be offered continued employment. Similar laws providing for protection against this kind of displacement have been enacted in many jurisdictions. See, e.g., Calif. Grocers Ass'n v. City of Los Angeles, 54 Cal. 4th 177, 254 P.3d 1019 (Cal. 2011) (upholding a law that requires successor owner to retain grocery work- ers); Rhode Island Hospitality Ass 'n v. City of Providence, 667 F.3d 17 (1st Cir. 2011) (upholding law that requires successor owner to retain hospitality workers); Alcantara v. Allied Properties, LLC, 334 F. Supp. 2d 336 (S.D.N.Y. 2004) (upholding New York City Displaced Building Service Workers Act, a law that requires successor employers to retain New York City building service workers); and Washington Service Contrac- tors Coalition v. District of Columbia, 54 F.3d 811 (D.C. Cir. 1995) (upholding a law that requires successor contractors to retain building service workers). The bill also requires that a successor contractor site the work within a reasonable distance of the worksite that had previously been used for the work. In determining whether the site proffered by a bidder meets the reasonable accessibility standard, the governmental body contracting for the services must consider the availability of public transportation to retained call center employees and prevailing traffic patterns. 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' former work facility shall be presumed to be reasonably accessible unless unusual obstacles to access are present. This requirement of "reasonably proximate" siting is necessary to ensure that the offer of continued employment to the affected workers is a meaningful one. An offer of continued employment in some far distant place is of no practical help to the call center workers. The bill provides remedies to employees who are treated adversely in violation of the requirements of this law, including the right to bring a legal action for reinstatement, lost wages, liquidated damages and attorneys' fees. This bill is a just and equitable accommodation of two important governmental interests: preserving the employment of workers who provide a valuable service to the state and its subdivisions; and preserving periodic rebidding of government contracts to ensure that management of government services is done effectively.
2023-S6328 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6328 2023-2024 Regular Sessions I N S E N A T E April 14, 2023 ___________ Introduced by Sens. RAMOS, COONEY, GOUNARDES, HARCKHAM, MANNION, RIVERA, SKOUFIS -- read twice and ordered printed, and when printed to be committed 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06817-01-3
S. 6328 2 WORK FOR A CALL CENTER CONTRACTOR ON A FULL OR PART-TIME BASIS FOR AT 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- S. 6328 3 TION PERIOD, THE SUCCESSOR CALL CENTER CONTRACTOR SHALL MAINTAIN A PREF- 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 S. 6328 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.
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