N.Y. LAB Law § 791

§ 791. Terminated call center contract. 1. Before termination of a\ncall center contract in circumstances where a successor call center\ncontractor will undertake to provide services that were the subject of\nthe terminating contract, the terminating call center contractor shall\nprovide to the successor call center contractor, upon the request of a\nsuccessor contractor, a full and accurate list containing the name,\naddress, date of hire and employment classification of each call center\nemployee whose work includes providing call center services that were\nthe subject of the terminating contract.\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\nmay retain those call center employees who performed such services for\nthe former call center contractor immediately prior to termination of\nthat contract. It may 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 determines that fewer call\ncenter employees are required to perform the services that are the\nsubject of the contract than had been required to perform such services\nby the former call center contractor, the successor call center\ncontractor may fill the positions that it determines are needed with the\ncall center employees with the greatest seniority within job\nclassification; provided, that during the ninety-day transition period,\nthe successor call center contractor may maintain a preferential hiring\nlist of those call center employees not retained, and those on the\npreferential hiring list may be given a right of first refusal to any\njobs within their classifications that become available during that\nperiod.\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 performance evaluation for each call\ncenter employee retained pursuant to this article. If such employee's\nperformance during the ninety-day transition period is satisfactory, the\nsuccessor call center contractor shall offer such employee continued\nemployment.\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