N.Y.
Labor Law Section 792
Entering into a call center contract
1.
Whenever a governmental 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 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 successor 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 employee 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.
Source:
Section 792 — Entering into a call center contract, https://www.nysenate.gov/legislation/laws/LAB/792 (updated Dec. 27, 2024; accessed Jan. 11, 2025).
