S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2434
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 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 protection of employees of
   call center contractors of the state; and to repeal certain provisions
   of the labor law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 790 of the labor law, as added by
 a chapter of the laws  of  2024  amending  the  labor  law  relating  to
 preventing  the    displacement  of call center workers who provide call
 center services for the government in certain circumstances, as proposed
 in legislative bills numbers S. 6328-B and A. 8939-B, is amended to read
 as follows:
   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.
   §  2.  Sections 791 and 792 of the labor law, as added by a chapter of
 the laws of 2024 amending the  labor  law  relating  to  preventing  the
 displacement of call center workers who provide call center services for
 the  government  in  certain  circumstances,  as proposed in legislative
 bills numbers S. 6328-B and A. 8939-B, are amended to read as follows:
   § 791. Terminated call center contract.    1.  [No  less  than  thirty
 calendar  days  before]  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
 terminating  call  center contractor shall provide to the successor call
 center contractor, UPON THE REQUEST OF A SUCCESSOR  CONTRACTOR,  a  full
 and accurate list containing the name, address, date of hire and employ-
 ment  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02725-01-5
              

 A. 2434                             2

 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  employ-
 ees.  The  posting may be electronic, provided that if it is electronic,
 it must be directed to each affected employee individually 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] MAY retain  those  call  center  employees  who  performed  such
 services  for  the  former  call  center contractor immediately prior to
 termination of that contract.  It [shall] MAY 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]
 determines 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] MAY fill the positions that it deter-
 mines  are  needed  with  the  call  center  employees with the greatest
 seniority within job classification; provided, that during  the  ninety-
 day  transition period, the successor call center contractor [shall] MAY
 maintain a preferential hiring list of those call center  employees  not
 retained, and those on the preferential hiring list [shall] MAY 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 contractor shall provide a list of  such  employees  to  the
 contracting governmental 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] MAY REQUIRE that
 the call center contract with such  entity  includes  the  [obligations]
 OBLIGATION  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 termi-
 nating 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 contrac-
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 tor's contract included the obligations pursuant to this  article.  Such
 obligations shall be set forth in requests for proposals or other solic-
 itations  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] MAY require any entity seeking to enter into  such  contract  to
 demonstrate 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-
 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.
   §  3.  Section 793 of the labor law, as added by a chapter of the laws
 of 2024 amending the labor law relating to  preventing  displacement  of
 call  center workers who provide call center services for the government
 in certain circumstances, as proposed in legislative  bills  numbers  S.
 6328-B and A. 8939-B, is REPEALED, and section 794 of such law is renum-
 bered to be section 793.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2024 amending the labor law  relating
 to  preventing the  displacement of call center workers who provide call
 center services for the government in certain circumstances, as proposed
 in legislative bills numbers S. 6328-B and A. 8939-B, takes effect.