S T A T E O F N E W Y O R K
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6328--B
Cal. No. 530
2023-2024 Regular Sessions
I N S E N A T E
April 14, 2023
___________
Introduced by Sens. RAMOS, BRESLIN, BROUK, CHU, CLEARE, COONEY, FERNAN-
DEZ, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON,
KAVANAGH, MANNION, MARTINEZ, MATTERA, MURRAY, PALUMBO, RIVERA, SALA-
ZAR, SCARCELLA-SPANTON, SERRANO, SKOUFIS, WEBB -- read twice and
ordered printed, and when printed to be committed to the Committee on
Labor -- recommitted to the Committee on Labor in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again amended and ordered
reprinted, retaining its place in the 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
[ ] is old law to be omitted.
LBD06817-09-4
S. 6328--B 2
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.
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
S. 6328--B 3
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-
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. UPON DETERMINING WHICH EMPLOYEES SHALL BE RETAINED
FOR THE NINETY-DAY TRANSITION PERIOD, THE SUCCESSOR CALL CENTER CONTRAC-
TOR SHALL PROVIDE A LIST OF SUCH EMPLOYEES TO THE CONTRACTING GOVERN-
MENTAL BODY.
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
S. 6328--B 4
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-
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. 1. IF A GIVEN GOVERNMENTAL BODY 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 BODY SHALL NOTIFY THE SUCCESSOR CALL
CENTER CONTRACTOR OF SUCH BREACH OF CONTRACT, AND THE SUCCESSOR CALL
CENTER CONTRACTOR SHALL HAVE 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 BODY SHALL
NOTIFY THE STATE COMPTROLLER AND TERMINATE THE CONTRACT WITH THE SUCCES-
SOR CALL CENTER CONTRACTOR, UNLESS SUCH GOVERNMENTAL BODY 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 GOVERNMENTAL BODY SHALL DEDUCT AMOUNTS SUFFICIENT TO REMIT
TO THE AFFECTED CALL CENTER EMPLOYEES FROM PAYMENT OWED TO THE SUCCESSOR
CALL CENTER CONTRACTOR AND SUBMIT A VOUCHER TO THE STATE COMPTROLLER FOR
SUCH AMOUNT TO REMIT TO THE AFFECTED CALL CENTER EMPLOYEES. THE STATE
COMPTROLLER MAY APPROVE SUCH FUNDS AS PAYABLE TO CALL CENTER EMPLOYEES
AFFECTED BY THE SUCCESSOR CALL CENTER CONTRACTOR'S FAILURE TO RETAIN
SUCH EMPLOYEES.
2. THE GOVERNMENTAL BODY SHALL PAY DIRECTLY TO ANY AFFECTED EMPLOYEE
THE CERTIFIED AMOUNT OR AMOUNTS SHOWN TO BE DUE TO SUCH AFFECTED EMPLOY-
EE IN ANY ESTIMATE OR VOUCHER, THEREBY DISCHARGING THE OBLIGATION OF
THE CONTRACTOR OR SUBCONTRACTOR TO THE PERSON RECEIVING SUCH PAYMENT TO
THE EXTENT OF THE AMOUNT THEREOF.
§ 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
S. 6328--B 5
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.
