S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8939
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06817-01-3
 A. 8939                             2
 
   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-
 ERENTIAL  HIRING  LIST  OF THOSE CALL CENTER EMPLOYEES NOT RETAINED, AND
 THOSE ON THE PREFERENTIAL HIRING LIST SHALL BE GIVEN A  RIGHT  OF  FIRST
 A. 8939                             3

 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
 CIRCUMSTANCES,  AGAINST  BOTH,  FOR  VIOLATION OF ANY OBLIGATION IMPOSED
 PURSUANT TO THIS ARTICLE.
 A. 8939                             4
 
   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8939--A
 
                           I N  A S S E M B L Y
 
                             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:
 
   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. ENFORCEMENT.
         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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06817-02-4
              

 A. 8939--A                          2
 
   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
 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.    IT  SHALL  BE  CONSIDERED A MATERIAL TERM OF THE CALL
 CENTER CONTRACT THAT SUCH EMPLOYEES SHALL BE RETAINED FOR  A  NINETY-DAY
 TRANSITION 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-
 A. 8939--A                          3
 
 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-
 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 CONSIDERED A MATERIAL TERM OF THE CALL
 CENTER CONTRACT AND INCLUDED IN THE CALL CENTER CONTRACT IRRESPECTIVE OF
 WHETHER THE TERMINATING CALL CENTER CONTRACTOR'S CONTRACT  INCLUDED  THE
 OBLIGATIONS  PURSUANT  TO  THIS  ARTICLE.  SUCH OBLIGATIONS SHALL BE SET
 FORTH IN REQUESTS FOR PROPOSALS  OR  OTHER  SOLICITATIONS  AND,  IN  ANY
 EVENT,  SHALL  BE  INCLUDED IN EACH CALL CENTER CONTRACT. WHETHER OR NOT
 THE PROVISIONS ARE INCLUDED IN SUCH CONTRACT, THE OBLIGATIONS 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 WORKSITE  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 SUCCES-
 SOR CALL CENTER CONTRACT.  FOR THE PURPOSES OF THIS SECTION, A  WORKSITE
 SHALL BE CONSIDERED REASONABLY ACCESSIBLE IF IT IS 10 MILES OR LESS FROM
 THE  LOCATION  OF  THE AFFECTED EMPLOYEES' WORKSITE WHERE SUCH EMPLOYEES
 PERFORMED WORK-RELATED DUTIES IN THE COURSE OF THEIR EMPLOYMENT FOR  THE
 FORMER  CALL  CENTER  CONTRACTOR,  PROVIDED  THAT ANY WORKSITE SHALL NOT
 INCLUDE AN EMPLOYEE'S DOMICILE, PERMANENT OR TEMPORARY, WHERE AN EMPLOY-
 A. 8939--A                          4
 
 EE PERFORMS ANY WORK-RELATED DUTY IN THE COURSE OF THEIR EMPLOYMENT. THE
 REQUIREMENTS OF THIS SUBDIVISION  SHALL  NOT  APPLY  TO  SUCCESSOR  CALL
 CENTER  CONTRACTORS  THAT  INTEND  FOR  THE  WORK-RELATED  DUTIES OF THE
 AFFECTED  CALL  CENTER  EMPLOYEES PREVIOUSLY EMPLOYED BY THE FORMER CALL
 CENTER CONTRACTOR TO BE PERFORMED REMOTELY.
   § 793. ENFORCEMENT. IF A GIVEN  GOVERNMENTAL  ENTITY  FINDS  THAT  THE
 SUCCESSOR  CALL  CENTER  CONTRACTOR  HAS  COMMITTED A MATERIAL BREACH OF
 CONTRACT BY NOT RETAINING THE AFFECTED CALL CENTER EMPLOYEES EMPLOYED BY
 THE FORMER CALL CENTER CONTRACTOR FOR THE NINETY-DAY  TRANSITION  PERIOD
 PURSUANT  TO  THIS  ARTICLE WITHIN THIRTY DAYS OF THE TERMINATION OF THE
 FORMER CONTRACT, SUCH GOVERNMENTAL ENTITY SHALL NOTIFY THE  STATE  COMP-
 TROLLER  AND  THE  SUCCESSOR  CALL  CENTER  CONTRACTOR OF SUCH BREACH OF
 CONTRACT AND ALLOW THE SUCCESSOR CALL  CENTER  CONTRACTOR  A  PERIOD  OF
 THIRTY  DAYS  TO  CURE  SUCH BREACH.   SUCH THIRTY-DAY CURE PERIOD SHALL
 COMMENCE UPON THE SUCCESSOR CALL CENTER  CONTRACTOR'S  RECEIPT  OF  SUCH
 NOTIFICATION.  IF  SUCH  BREACH IS NOT RECTIFIED WITHIN SUCH PERIOD, THE
 GIVEN GOVERNMENTAL ENTITY SHALL NOTIFY THE STATE COMPTROLLER AND  TERMI-
 NATE  THE CONTRACT WITH THE SUCCESSOR CALL CENTER CONTRACTOR, UNLESS THE
 STATE COMPTROLLER DETERMINES THAT IT IS IN  THE  BEST  INTEREST  OF  THE
 STATE  TO  MAINTAIN  SUCH  CONTRACT.  ADDITIONALLY, IF THE BREACH IS NOT
 RECTIFIED WITHIN THE THIRTY-DAY CURE PERIOD, THE STATE  COMPTROLLER  MAY
 DEDUCT AMOUNTS SUFFICIENT TO SATISFY THE LOST WAGES OF THE AFFECTED CALL
 CENTER EMPLOYEES FROM PAYMENT OWED TO THE SUCCESSOR CALL CENTER CONTRAC-
 TOR THAT HAS COMMITTED THE MATERIAL BREACH OF CONTRACT. SUCH FUNDS SHALL
 BE DISBURSED TO SATISFY ANY LOST WAGES SUFFERED BY CALL CENTER EMPLOYEES
 AFFECTED  BY  THE  SUCCESSOR  CALL CENTER CONTRACTOR'S FAILURE TO RETAIN
 SUCH EMPLOYEES.
   §  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.