Bill Text: CA AB2317 | 2019-2020 | Regular Session | Amended
Bill Title: Call centers: protections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on L. & E. [AB2317 Detail]
Download: California-2019-AB2317-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2317
| Introduced by Assembly Member Weber |
February 14, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
AB 2317, as amended, Weber.
Employer obligations: waiver. Call centers: protections.
Existing law generally regulates the wages, hours, and working conditions of people employed in any occupation. Existing law creates the Division of Labor Standards Enforcement, the head of which is the Labor Commissioner.
This bill would prescribe restrictions on contracting for call center customer service work performed by a private entity for a state agency, including that it be located in California, unless an exception applies. The bill would preclude withholding or denial of payments, compensation, or benefits under any other state law to workers based upon these provisions, as specified. The bill would authorize the commission to adopt regulations
necessary to implement these provisions.
Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers.
This bill would make nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5 (commencing with Section 1410) is added to Part 4 of Division 2 of the Labor Code, to read:CHAPTER 5. Call Center Protections
1410.
For purposes of this section, the following definitions apply:(a) “Call center” means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.
(b) “Commissioner” means the Labor Commissioner.
(c) “Disaster” means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the
contracted private entity within the state.
(d) “Division” means the Division of Labor Standards Enforcement.
(e) (1) “Employer” means any business that employs for the purpose of customer service or back-office operations in the state either of the following:
(A) Fifty or more employees, excluding part-time employees.
(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.
(2) “Employer” does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call center’s
employees or call center operations.
(f) “Overflow” means work volume that is in excess of the forecasted volume specified in the call center’s contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months.
(g) “Part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.
1411.
(a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.
(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call center’s facility within the state is operational, whichever occurs first, subject to agreement by the state agency.
(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agency’s request, trigger a reassessment of the forecasted volume specified in
the contract.
(e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.
1412.
This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.1413.
The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive an employee or the employee’s personal representative of any right or remedy to which the employee
is entitled under the laws of this State.
