N.Y. Lab. Law § 792

§ 792. Entering into a call center contract. 1. Whenever a\ngovernmental body shall undertake to procure call center services using\na call center contractor, the governmental body shall ensure that the\ncall center contract with such entity includes the obligations pursuant\nto this article, including, where applicable, the call center\ncontractor's obligation to retain call center employees of the former\ncall center contractor. The obligation to retain the terminating call\ncenter contractor's employees shall be considered a material term of the\ncall center contract and included in the call center contract\nirrespective of whether the terminating call center contractor's\ncontract included the obligations pursuant to this article. Such\nobligations shall be set forth in requests for proposals or other\nsolicitations and, in any event, shall be included in each call center\ncontract. Whether or not the provisions are included in such contract,\nthe obligations under this article shall apply to the successor call\ncenter contractor whenever such contractor begins performance on a\nsuccessor call center contract on or after the effective date of this\narticle.\n 2. A governmental body intending to enter into a call center service\ncontract, in circumstances in which such services had theretofore been\nperformed by call center employees pursuant to a call center contract,\nshall require any entity seeking to enter into such contract to\ndemonstrate that it will establish the worksite for its performance in a\nlocation which is reasonably accessible to the employees who have been\nperforming such services prior to the solicitation of bids for a\nsuccessor call center contract. For the purposes of this section, a\nworksite shall be considered reasonably accessible if it is 10 miles or\nless from the location of the affected employees' worksite where such\nemployees performed work-related duties in the course of their\nemployment for the former call center contractor, provided that any\nworksite shall not include an employee's domicile, permanent or\ntemporary, where an employee performs any work-related duty in the\ncourse of their employment. The requirements of this subdivision shall\nnot apply to successor call center contractors that intend for the\nwork-related duties of the affected call center employees previously\nemployed by the former call center contractor to be performed remotely.\n