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This entry was published on 2024-12-27
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SECTION 793
Enforcement
Labor (LAB) CHAPTER 31, ARTICLE 21-B
§ 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
successor 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
employee 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.