N.Y.
Labor Law Section 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.
Source:
Section 793 — Enforcement, https://www.nysenate.gov/legislation/laws/LAB/793 (updated Dec. 27, 2024; accessed Jan. 11, 2025).
