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N.Y. Lab. Law § 793

No conflict with collective bargaining agreements

Redline — January 1, 2025 → current.View current text →
Current — January 1, 2026
As of January 1, 2025
§ 793. Enforcement. 1. If a given governmental body finds that the\nsuccessor call center contractor has committed a material breach of\ncontract by not retaining the affected call center employees employed by\nthe former call center contractor for the ninety-day transition period\npursuant to this article within thirty days of the termination of the\nformer contract, such governmental body shall notify the successor call\ncenter contractor of such breach of contract, and the successor call\ncenter contractor shall have a period of thirty days to cure such\nbreach. Such thirty-day cure period shall commence upon the successor\ncall center contractor's receipt of such notification. If such breach is\nnot rectified within such period, the given governmental body shall\nnotify the state comptroller and terminate the contract with the\nsuccessor call center contractor, unless such governmental body\ndetermines that it is in the best interest of the state to maintain such\ncontract. Additionally, if the breach is not rectified within the\nthirty-day cure period, the governmental body shall deduct amounts\nsufficient to remit to the affected call center employees from payment\nowed to the successor call center contractor and submit a voucher to the\nstate comptroller for such amount to remit to the affected call center\nemployees. The state comptroller may approve such funds as payable to\ncall center employees affected by the successor call center contractor's\nfailure to retain such employees.\n 2. The governmental body shall pay directly to any affected employee\nthe certified amount or amounts shown to be due to such affected\nemployee in any estimate or voucher, thereby discharging the obligation\nof the contractor or subcontractor to the person receiving such payment\nto the extent of the amount thereof.\n
§ 793. No conflict with collective bargaining agreements. The\nprovisions of this article shall not apply to any:\n 1. Successor call center contractor that, on or before the effective\ndate of a termination of a call center contract, agrees to assume, or to\nbe bound by, the collective bargaining agreement of the former call\ncenter contractor, provided that the collective bargaining agreement\nprovides terms and conditions for the discharge or laying off of\nemployees that are at least as protective of employee rights as those\npursuant to this article; and\n 2. Successor call center contractor whose call center employees will\nbe accreted to a bargaining unit with a pre-existing collective\nbargaining agreement, provided that the collective bargaining agreement\nprovides terms and conditions for the discharge or laying off of\nemployees that are at least as protective of employee rights as those\npursuant to this article; and\n 3. Former call center contractor that obtains a written commitment\nfrom a successor call center contractor that the successor call center\ncontractor's call center employees will be covered by a collective\nbargaining agreement that provides terms and conditions for the\ndischarge or laying off of employees that are at least as protective of\nemployee rights as those pursuant to this article.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.