Amd §§790, 791 & 792, rpld §793, ren §794 to be §793, Lab L (as proposed in S.6328-B & A.8939-B)
Removes the requirement that a state call center contractor must hire employees of a former call center contractor whose contract is terminated unless provided in the contract; makes provisions of new law applicable only to the state and its public authorities or public benefit corporations.
STATE OF NEW YORK
________________________________________________________________________
2434
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 3 of section 790 of the labor law, as added by
2 a chapter of the laws of 2024 amending the labor law relating to
3 preventing the displacement of call center workers who provide call
4 center services for the government in certain circumstances, as proposed
5 in legislative bills numbers S. 6328-B and A. 8939-B, is amended to read
6 as follows:
7 3. The term "governmental body" means the state of New York [or any
8 political subdivision thereof,] and any public authority or public bene-
9 fit corporation in the state of New York.
10 § 2. Sections 791 and 792 of the labor law, as added by a chapter of
11 the laws of 2024 amending the labor law relating to preventing the
12 displacement of call center workers who provide call center services for
13 the government in certain circumstances, as proposed in legislative
14 bills numbers S. 6328-B and A. 8939-B, are amended to read as follows:
15 § 791. Terminated call center contract. 1. [No less than thirty
16 calendar days before] Before termination of a call center contract in
17 circumstances where a successor call center contractor will undertake to
18 provide services that were the subject of the terminating contract, the
19 terminating call center contractor shall provide to the successor call
20 center contractor, upon the request of a successor contractor, a full
21 and accurate list containing the name, address, date of hire and employ-
22 ment classification of each call center employee whose work includes
23 providing call center services that were the subject of the terminating
24 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
1 post the list in a notice to the call center employees that also sets
2 forth the rights provided by this article. The posting shall be in a
3 manner or location reasonably calculated to be seen by affected employ-
4 ees. The posting may be electronic, provided that if it is electronic,
5 it must be directed to each affected employee individually and may not
6 be a general posting on a website. Such notice shall also be provided to
7 the employees' collective bargaining representative, if any.]
8 2. Upon termination of a call service contract in circumstances in
9 which services provided under that contract will be performed by a
10 successor call center contractor, the successor call center contractor
11 [shall] may retain those call center employees who performed such
12 services for the former call center contractor immediately prior to
13 termination of that contract. It [shall] may be considered a material
14 term of the call center contract that such employees shall be retained
15 for a ninety-day transition employment period.
16 3. If the successor call center contractor [is obligated to retain
17 call center employees pursuant to subdivision two of this section, but]
18 determines that fewer call center employees are required to perform the
19 services that are the subject of the contract than had been required to
20 perform such services by the former call center contractor, the succes-
21 sor call center contractor [shall] may fill the positions that it deter-
22 mines are needed with the call center employees with the greatest
23 seniority within job classification; provided, that during the ninety-
24 day transition period, the successor call center contractor [shall] may
25 maintain a preferential hiring list of those call center employees not
26 retained, and those on the preferential hiring list [shall] may be given
27 a right of first refusal to any jobs within their classifications that
28 become available during that period. [Upon determining which employees
29 shall be retained for the ninety-day transition period, the successor
30 call center contractor shall provide a list of such employees to the
31 contracting governmental body.]
32 4. Except as provided in subdivision three of this section, during the
33 ninety-day transition period, the successor call center contractor shall
34 not discharge without cause a call center employee retained pursuant to
35 this article.
36 5. At the end of the ninety-day transition period, the successor call
37 center contractor shall perform a [written] performance evaluation for
38 each call center employee retained pursuant to this article. If such
39 employee's performance during the ninety-day transition period is satis-
40 factory, the successor call center contractor shall offer such employee
41 continued employment.
42 6. If the successor call center contractor engages a subcontractor or
43 other entity to perform call center services provided for in a successor
44 call center contract, that successor call center contractor shall
45 require the subcontractor or other entity to adhere to all of the obli-
46 gations of this article.
47 § 792. Entering into a call center contract. 1. Whenever a govern-
48 mental body shall undertake to procure call center services using a call
49 center contractor, the governmental body [shall ensure] may require that
50 the call center contract with such entity includes the [obligations]
51 obligation pursuant to this article[, including, where applicable, the
52 call center contractor's obligation] to retain call center employees of
53 the former call center contractor. [The obligation to retain the termi-
54 nating call center contractor's employees shall be considered a material
55 term of the call center contract and included in the call center
56 contract irrespective of whether the terminating call center contrac-
A. 2434 3
1 tor's contract included the obligations pursuant to this article. Such
2 obligations shall be set forth in requests for proposals or other solic-
3 itations and, in any event, shall be included in each call center
4 contract. Whether or not the provisions are included in such contract,
5 the obligations under this article shall apply to the successor call
6 center contractor whenever such contractor begins performance on a
7 successor call center contract on or after the effective date of this
8 article.]
9 2. A governmental body intending to enter into a call center service
10 contract, in circumstances in which such services had theretofore been
11 performed by call center employees pursuant to a call center contract,
12 [shall] may require any entity seeking to enter into such contract to
13 demonstrate that it will establish the worksite for its performance in a
14 location which is reasonably accessible to the employees who have been
15 performing such services prior to the solicitation of bids for a succes-
16 sor call center contract. For the purposes of this section, a worksite
17 shall be considered reasonably accessible if it is 10 miles or less from
18 the location of the affected employees' worksite where such employees
19 performed work-related duties in the course of their employment for the
20 former call center contractor, provided that any worksite shall not
21 include an employee's domicile, permanent or temporary, where an employ-
22 ee performs any work-related duty in the course of their employment. The
23 requirements of this subdivision shall not apply to successor call
24 center contractors that intend for the work-related duties of the
25 affected call center employees previously employed by the former call
26 center contractor to be performed remotely.
27 § 3. Section 793 of the labor law, as added by a chapter of the laws
28 of 2024 amending the labor law relating to preventing displacement of
29 call center workers who provide call center services for the government
30 in certain circumstances, as proposed in legislative bills numbers S.
31 6328-B and A. 8939-B, is REPEALED, and section 794 of such law is renum-
32 bered to be section 793.
33 § 4. This act shall take effect on the same date and in the same
34 manner as a chapter of the laws of 2024 amending the labor law relating
35 to preventing the displacement of call center workers who provide call
36 center services for the government in certain circumstances, as proposed
37 in legislative bills numbers S. 6328-B and A. 8939-B, takes effect.
