Bill Text: NY S01826 | 2019-2020 | General Assembly | Introduced

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: Strong Partisan Bill (Democrat 37-3)

Status: (Engrossed) 2019-06-19 - returned to senate [S01826 Detail]

Download: New_York-2019-S01826-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1826
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sens. KENNEDY, ADDABBO, GAUGHRAN, STAVISKY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Labor
        AN ACT to amend the labor law, in relation to  enacting  the  "save  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 "save 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                     SAVE 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:
    15    1. The term "call center" means a facility or other operation  whereby
    16  employees  receive telephone calls or other electronic communication for
    17  the purpose of providing customer assistance or other service.
    18    2. (a) The term "employer" means  any  business  entity  that  employs
    19  fifty or more employees, excluding part-time employees; or fifty or more
    20  employees  that in the aggregate work at least fifteen hundred hours per
    21  week, excluding overtime hours, for  the  purpose  of  staffing  a  call
    22  center.
    23    (b)  The  term  "part-time employee" means an employee who is employed
    24  for an average of fewer than twenty hours  per  week  or  who  has  been
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02106-04-9

        S. 1826                             2
     1  employed  for  fewer than six of the twelve months preceding the date on
     2  which notice is required under this article.
     3    § 771. List of relocated call centers.  1. A call center employer that
     4  intends  to relocate a call center, or one or more facilities or operat-
     5  ing units within a call center comprising at least thirty percent of the
     6  call center's, or operating unit's, total volume when  measured  against
     7  the  previous twelve month average call volume of operations or substan-
     8  tially similar operations, from New York state to a foreign  country  or
     9  any  other state shall notify the commissioner at least one hundred days
    10  before such relocation.
    11    2. A call center  employer  that  violates  subdivision  one  of  this
    12  section  shall  be subject to a civil penalty not to exceed ten thousand
    13  dollars for each day of such violation, except that the commissioner may
    14  reduce such amount for just cause shown.
    15    3. The commissioner shall compile an annual list of  all  call  center
    16  employers  that  relocate  a  call  center, or one or more facilities or
    17  operating units within a call center comprising at least thirty  percent
    18  of  the call center's total volume of operations, from New York state to
    19  a foreign country or to other state.
    20    4. The commissioner shall make the list created pursuant  to  subdivi-
    21  sion  three  of  this  section  available  to the public and prominently
    22  display a link to the list on the department's website.
    23    § 772. Grants,  guaranteed  loans  and  tax  benefits.  1.  Except  as
    24  provided  in  subdivision  three of this section and notwithstanding any
    25  other provision of law, a call center employer that appears on the  list
    26  described  in section seven hundred seventy-one of this article shall be
    27  ineligible for any direct or indirect  state  grants,  state  guaranteed
    28  loans, tax benefits or other financial governmental support for a period
    29  of three years from the date such list is published.
    30    2.  Except  as  provided  in  subdivision  three  of  this section and
    31  notwithstanding any other provision of law, a call center employer  that
    32  appears  on  the  list described in section seven hundred seventy-one of
    33  this article shall remit the unamortized value of any grant  or  guaran-
    34  teed  loans,  or  any  tax benefits or other governmental support it has
    35  previously received in the previous five years to the commissioner.  The
    36  provisions  of  this subdivision shall apply to grants, loans, tax bene-
    37  fits and financial governmental assistance that is received on or  after
    38  the effective date of this article. Nothing in this subdivision shall be
    39  deemed  to  prevent  the  employer  from  receiving any grant to provide
    40  training or other employment assistance to individuals who are  selected
    41  as  being  in particular need of training or other employment assistance
    42  due to the transfer or relocation of the employer's facility or  operat-
    43  ing units.
    44    3.  The  commissioner,  in  consultation  with  the appropriate agency
    45  providing a loan or grant, may  waive  the  requirement  provided  under
    46  subdivision  two  of this section if the employer demonstrates that such
    47  requirement would:
    48    (a) threaten state or national security;
    49    (b) result in substantial job loss in the state of New York; or
    50    (c) harm the environment.
    51    § 773. Procurement contracts. The head  of  each  state  agency  shall
    52  ensure  that all state-business-related call center and customer service
    53  work be performed by state contractors or other agents or subcontractors
    54  entirely within the state of New York. State contractors  who  currently
    55  perform  such  work  outside  the state of New York shall have two years
    56  following the effective  date  of  this  article  to  comply  with  this

        S. 1826                             3
     1  section;  provided,  that  if  any  such  contractors which perform work
     2  outside this state adds customer service employees who will perform work
     3  on such contracts, those new employees  shall  immediately  be  employed
     4  within  the  state  of  New  York,  except  that businesses subject to a
     5  contract agreed to prior to the effective  date  of  this  article  with
     6  terms extending beyond a date greater than two years after the effective
     7  date of this article shall be subject to the provisions of this subdivi-
     8  sion at the next point in which the contract is subject to renewal.
     9    §  774. State benefits for workers. No provision of this article shall
    10  be construed to permit withholding or denial of payments,  compensation,
    11  or  benefits  under  any  other  state law, including but not limited to
    12  state unemployment compensation, disability payments or worker  retrain-
    13  ing  or  readjustment funds, to workers employed by employers that relo-
    14  cate to a foreign country.
    15    § 775. No private right of action. Nothing set forth in  this  article
    16  shall  be  construed as creating, establishing, or authorizing a private
    17  cause of action by an aggrieved  person  against  an  employer  who  has
    18  violated, or is alleged to have violated, any provision of this article.
    19    §  776.  Regulations. The commissioner shall promulgate such rules and
    20  regulations as shall be necessary and proper to effectuate the  purposes
    21  and provisions of this article.
    22    § 3. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.
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