N.Y. Lab. Law § 791

§ 791. Terminated call center contract. 1. No less than thirty\ncalendar days before termination of a call center contract in\ncircumstances where a successor call center contractor will undertake to\nprovide services that were the subject of the terminating contract, the\nterminating call center contractor shall provide to the successor call\ncenter contractor a full and accurate list containing the name, address,\ndate of hire and employment classification of each call center employee\nwhose work includes providing call center services that were the subject\nof the terminating contract. The terminating call center contractor\nshall simultaneously post the list in a notice to the call center\nemployees that also sets forth the rights provided by this article. The\nposting shall be in a manner or location reasonably calculated to be\nseen by affected employees. The posting may be electronic, provided that\nif it is electronic, it must be directed to each affected employee\nindividually and may not be a general posting on a website. Such notice\nshall also be provided to the employees' collective bargaining\nrepresentative, if any.\n 2. Upon termination of a call service contract in circumstances in\nwhich services provided under that contract will be performed by a\nsuccessor call center contractor, the successor call center contractor\nshall retain those call center employees who performed such services for\nthe former call center contractor immediately prior to termination of\nthat contract. It shall be considered a material term of the call center\ncontract that such employees shall be retained for a ninety-day\ntransition employment period.\n 3. If the successor call center contractor is obligated to retain call\ncenter employees pursuant to subdivision two of this section, but\ndetermines that fewer call center employees are required to perform the\nservices that are the subject of the contract than had been required to\nperform such services by the former call center contractor, the\nsuccessor call center contractor shall fill the positions that it\ndetermines are needed with the call center employees with the greatest\nseniority within job classification; provided, that during the\nninety-day transition period, the successor call center contractor shall\nmaintain a preferential hiring list of those call center employees not\nretained, and those on the preferential hiring list shall be given a\nright of first refusal to any jobs within their classifications that\nbecome available during that period. Upon determining which employees\nshall be retained for the ninety-day transition period, the successor\ncall center contractor shall provide a list of such employees to the\ncontracting governmental body.\n 4. Except as provided in subdivision three of this section, during the\nninety-day transition period, the successor call center contractor shall\nnot discharge without cause a call center employee retained pursuant to\nthis article.\n 5. At the end of the ninety-day transition period, the successor call\ncenter contractor shall perform a written performance evaluation for\neach call center employee retained pursuant to this article. If such\nemployee's performance during the ninety-day transition period is\nsatisfactory, the successor call center contractor shall offer such\nemployee continued employment.\n 6. If the successor call center contractor engages a subcontractor or\nother entity to perform call center services provided for in a successor\ncall center contract, that successor call center contractor shall\nrequire the subcontractor or other entity to adhere to all of the\nobligations of this article.\n