Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
792
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to protection of employees of
call center contractors of the state; and to repeal certain provisions
of the labor law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 790 of the labor law, as added by
a chapter of the laws of 2024 amending the labor law relating to
preventing the displacement of call center workers who provide call
center services for the government in certain circumstances, as proposed
in legislative bills numbers S. 6328-B and A. 8939-B, is amended to read
as follows:
3. The term "governmental body" means the state of New York [or any
political subdivision thereof,] and any public authority or public bene-
fit corporation in the state of New York.
§ 2. Sections 791 and 792 of the labor law, as added by a chapter of
the laws of 2024 amending the labor law relating to preventing the
displacement of call center workers who provide call center services for
the government in certain circumstances, as proposed in legislative
bills numbers S. 6328-B and A. 8939-B, are amended to read as follows:
§ 791. Terminated call center contract. 1. [No less than thirty
calendar days before] BEFORE termination of a call center contract in
circumstances where a successor call center contractor will undertake to
provide services that were the subject of the terminating contract, the
terminating call center contractor shall provide to the successor call
center contractor, UPON THE REQUEST OF A SUCCESSOR CONTRACTOR, a full
and accurate list containing the name, address, date of hire and employ-
ment classification of each call center employee whose work includes
providing call center services that were the subject of the terminating
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02725-01-5
S. 792 2
contract. [The terminating call center contractor shall simultaneously
post the list in a notice to the call center employees that also sets
forth the rights provided by this article. The posting shall be in a
manner or location reasonably calculated to be seen by affected employ-
ees. The posting may be electronic, provided that if it is electronic,
it must be directed to each affected employee individually and may not
be a general posting on a website. Such notice shall also be provided to
the employees' collective bargaining representative, if any.]
2. Upon termination of a call service contract in circumstances in
which services provided under that contract will be performed by a
successor call center contractor, the successor call center contractor
[shall] MAY retain those call center employees who performed such
services for the former call center contractor immediately prior to
termination of that contract. It [shall] MAY be considered a material
term of the call center contract that such employees shall be retained
for a ninety-day transition employment period.
3. If the successor call center contractor [is obligated to retain
call center employees pursuant to subdivision two of this section, but]
determines that fewer call center employees are required to perform the
services that are the subject of the contract than had been required to
perform such services by the former call center contractor, the succes-
sor call center contractor [shall] MAY fill the positions that it deter-
mines are needed with the call center employees with the greatest
seniority within job classification; provided, that during the ninety-
day transition period, the successor call center contractor [shall] MAY
maintain a preferential hiring list of those call center employees not
retained, and those on the preferential hiring list [shall] MAY be given
a right of first refusal to any jobs within their classifications that
become available during that period. [Upon determining which employees
shall be retained for the ninety-day transition period, the successor
call center contractor shall provide a list of such employees to the
contracting governmental body.]
4. Except as provided in subdivision three of this section, during the
ninety-day transition period, the successor call center contractor shall
not discharge without cause a call center employee retained pursuant to
this article.
5. At the end of the ninety-day transition period, the successor call
center contractor shall perform a [written] performance evaluation for
each call center employee retained pursuant to this article. If such
employee's performance during the ninety-day transition period is satis-
factory, the successor call center contractor shall offer such employee
continued employment.
6. If the successor call center contractor engages a subcontractor or
other entity to perform call center services provided for in a successor
call center contract, that successor call center contractor shall
require the subcontractor or other entity to adhere to all of the obli-
gations of this article.
§ 792. Entering into a call center contract. 1. Whenever a govern-
mental body shall undertake to procure call center services using a call
center contractor, the governmental body [shall ensure] MAY REQUIRE that
the call center contract with such entity includes the [obligations]
OBLIGATION 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 termi-
nating call center contractor's employees shall be considered a material
term of the call center contract and included in the call center
S. 792 3
contract irrespective of whether the terminating call center contrac-
tor's contract included the obligations pursuant to this article. Such
obligations shall be set forth in requests for proposals or other solic-
itations 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] MAY 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 succes-
sor 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 employ-
ee 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.
§ 3. Section 793 of the labor law, as added by a chapter of the laws
of 2024 amending the labor law relating to preventing displacement of
call center workers who provide call center services for the government
in certain circumstances, as proposed in legislative bills numbers S.
6328-B and A. 8939-B, is REPEALED, and section 794 of such law is renum-
bered to be section 793.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the labor law relating
to preventing the displacement of call center workers who provide call
center services for the government in certain circumstances, as proposed
in legislative bills numbers S. 6328-B and A. 8939-B, takes effect.Every fact on this page links to its source, starting with the official bill record.