Bill Text: NY A00567 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "New York call center jobs act"; requires prior notice of relocation of call center jobs from New York to a foreign country; directs the commissioner of labor to maintain a list of employers who move call center jobs; prohibits loans or grants.
Spectrum: Moderate Partisan Bill (Democrat 86-11)
Status: (Passed) 2020-01-02 - APPROVAL MEMO.97 [A00567 Detail]
Download: New_York-2019-A00567-Amended.html
Bill Title: Enacts the "New York call center jobs act"; requires prior notice of relocation of call center jobs from New York to a foreign country; directs the commissioner of labor to maintain a list of employers who move call center jobs; prohibits loans or grants.
Spectrum: Moderate Partisan Bill (Democrat 86-11)
Status: (Passed) 2020-01-02 - APPROVAL MEMO.97 [A00567 Detail]
Download: New_York-2019-A00567-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 567--A 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, COLTON, PAULIN, ARROYO, BARRON, CARROLL, STECK, WALKER, RAMOS, ABINANTI, HYNDMAN, JEAN-PIERRE, DICK- ENS, PEOPLES-STOKES, SEAWRIGHT, RYAN, ORTIZ, DE LA ROSA, FAHY, BENE- DETTO, GLICK, PERRY, D'URSO, RAIA, GARBARINO, DINOWITZ, RICHARDSON, OTIS, GOTTFRIED, ROZIC, CUSICK, SIMON, WOERNER, MOSLEY, BUCHWALD, WALLACE, AUBRY, BICHOTTE, QUART, GALEF, STIRPE, LUPARDO, CRESPO, SANTABARBARA, WILLIAMS, M. L. MILLER, WEPRIN, B. MILLER, TAYLOR, NORRIS, DAVILA, EPSTEIN, NIOU -- Multi-Sponsored by -- M. of A. ENGLE- BRIGHT, HEVESI, LENTOL, McDONOUGH, RODRIGUEZ, THIELE, WRIGHT -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to enacting the "New York call center jobs act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York call center jobs act". 3 § 2. The labor law is amended by adding a new article 21 to read as 4 follows: 5 ARTICLE 21 6 NEW YORK CALL CENTER JOBS ACT 7 Section 770. Definitions. 8 771. List of relocated call centers. 9 772. Grants, guaranteed loans and tax benefits. 10 773. Procurement contracts. 11 774. State benefits for workers. 12 775. No private right of action. 13 776. Regulations. 14 § 770. Definitions. As used in this article: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01837-02-9A. 567--A 2 1 1. The term "call center" means a facility or other operation whereby 2 employees receive phone calls or other electronic communication for the 3 purpose of providing customer assistance or other service. 4 2. (a) The term "employer" means any business entity that employs 5 fifty or more employees, excluding part-time employees; or fifty or more 6 employees that in the aggregate work at least fifteen hundred hours per 7 week, excluding overtime hours, for the purpose of staffing a call 8 center. 9 (b) The term "part-time employee" means an employee who is employed 10 for an average of fewer than twenty hours per week or who has been 11 employed for fewer than six of the twelve months preceding the date on 12 which notice is required under this article. 13 § 771. List of relocated call centers. 1. A call center employer that 14 intends to relocate a call center, or one or more facilities or operat- 15 ing units within a call center comprising at least thirty percent of the 16 call center's, or operating unit's, total volume when measured against 17 the previous twelve month average call volume of operations or substan- 18 tially similar operations, from New York state to a foreign country or 19 any other state shall notify the commissioner at least one hundred days 20 before such relocation. 21 2. A call center employer that violates subdivision one of this 22 section shall be subject to a civil penalty not to exceed ten thousand 23 dollars for each day of such violation, except that the commissioner may 24 reduce such amount for just cause shown. 25 3. The commissioner shall compile an annual list of all call center 26 employers that relocate a call center, or one or more facilities or 27 operating units within a call center comprising at least thirty percent 28 of the call center's total volume of operations, from New York state to 29 a foreign country or to another state. 30 4. The commissioner shall make the list created pursuant to subdivi- 31 sion three of this section, available to the public and shall prominent- 32 ly display a link to the list on the department's website. 33 § 772. Grants, guaranteed loans and tax benefits. 1. Except as 34 provided in subdivision three of this section and notwithstanding any 35 other provision of law, a call center employer that appears on the list 36 described in section seven hundred seventy-one of this article shall be 37 ineligible for any direct or indirect state grants, state guaranteed 38 loans, tax benefits or other financial governmental support for a period 39 of five years from the date such list is published. 40 2. Except as provided in subdivision three of this section and 41 notwithstanding any other provision of law, a call center employer that 42 appears on the list described in section seven hundred seventy-one of 43 this article shall remit the unamortized value of any grant or guaran- 44 teed loans, or any tax benefits or other governmental support it has 45 previously received in the past five years. The provisions of this 46 subdivision shall apply to grants, loans, tax benefits and financial 47 governmental assistance that is received on or after the effective date 48 of this article. Nothing in this subdivision shall be deemed to prevent 49 the employer from receiving any grant to provide training or other 50 employment assistance to individuals who are selected as being in 51 particular need of training or other employment assistance due to the 52 transfer or relocation of the employer's facility or operating units. 53 3. The commissioner, in consultation with the appropriate agency 54 providing a loan or grant, may waive the requirement provided under 55 subdivision two of this section if the employer demonstrates that such 56 requirement would:A. 567--A 3 1 (a) threaten state or national security; 2 (b) result in substantial job loss in the state of New York; or 3 (c) harm the environment. 4 § 773. Procurement contracts. The head of each state agency shall 5 ensure that all state-business-related call center and customer service 6 work be performed by state contractors or other agents or subcontractors 7 entirely within the state of New York. State contractors who currently 8 perform such work outside the state of New York shall have two years 9 following the effective date of this article to comply with this 10 section; provided, that if any such contractors which perform work 11 outside this state adds customer service employees who will perform work 12 on such contracts, those new employees shall immediately be employed 13 within the state of New York, except that businesses subject to a 14 contract agreed to prior to the effective date of this article with 15 terms extending beyond a date greater than two years after the effective 16 date of this article shall be subject to the provisions of this subdivi- 17 sion at the next point in which the contract is subject to renewal. 18 § 774. State benefits for workers. No provision of this article shall 19 be construed to permit withholding or denial of payments, compensation, 20 or benefits under any other state law, including but not limited to 21 state unemployment compensation, disability payments or worker retrain- 22 ing or readjustment funds, to workers employed by employers that relo- 23 cate to a foreign country. 24 § 775. No private right of action. Nothing set forth in this article 25 shall be construed as creating, establishing, or authorizing a private 26 cause of action by an aggrieved person against an employer who has 27 violated, or is alleged to have violated, any provision of this article. 28 § 776. Regulations. The commissioner shall promulgate such rules and 29 regulations as shall be necessary and proper to effectuate the purposes 30 and provisions of this article. 31 § 3. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law.