Assembly Bill A8939B

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 pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A8939 - Details

See Senate Version of this Bill:
S6328
Law Section:
Labor Law
Laws Affected:
Add Art 21-B §§790 - 794, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A7305

2023-A8939 - 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-A8939 - Bill Text download pdf

                             
                     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.
              

co-Sponsors

2023-A8939A - Details

See Senate Version of this Bill:
S6328
Law Section:
Labor Law
Laws Affected:
Add Art 21-B §§790 - 794, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A7305

2023-A8939A - 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-A8939A - Bill Text download pdf

                             
                     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
              

co-Sponsors

2023-A8939B (ACTIVE) - Details

See Senate Version of this Bill:
S6328
Law Section:
Labor Law
Laws Affected:
Add Art 21-B §§790 - 794, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A7305

2023-A8939B (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-A8939B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8939--B
                                                            R. R. 260
 
                           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, 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:
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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