4 | 4 | | HB.docx |
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7 | 7 | | General Assembly Raised Bill No. 6383 |
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8 | 8 | | January Session, 2021 |
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9 | 9 | | LCO No. 2809 |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on LABOR AND PUBLIC |
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13 | 13 | | EMPLOYEES |
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14 | 14 | | |
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15 | 15 | | |
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16 | 16 | | Introduced by: |
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17 | 17 | | (LAB) |
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20 | 20 | | |
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21 | 21 | | AN ACT CONCERNING CA LL CENTERS AND NOTIC E OF |
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22 | 22 | | CLOSURES. |
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23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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24 | 24 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this 1 |
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27 | 27 | | section: 2 |
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28 | 28 | | (1) "Call center" means a facility or other operation through which 3 |
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29 | 29 | | employees receive telephone calls or electronic communication for the 4 |
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30 | 30 | | purpose of providing customer assistance or other customer service; 5 |
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31 | 31 | | (2) "Employer" means a business entity that employs (A) fifty or more 6 |
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32 | 32 | | employees, excluding part-time employees; or (B) fifty or more 7 |
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33 | 33 | | employees that in the aggregate work at least fifteen hundred hours per 8 |
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34 | 34 | | week, excluding overtime hours, for the purpose of staffing a call center; 9 |
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35 | 35 | | (3) "Part-time employee" means an employee who is employed for an 10 |
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36 | 36 | | average of fewer than twenty hours per week or who has been 11 |
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37 | 37 | | employed for fewer than six of the twelve months preceding the date on 12 |
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38 | 38 | | which notice is required under this section; and 13 Raised Bill No. 6383 |
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40 | 40 | | |
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41 | 41 | | LCO 2809 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06383- |
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45 | 45 | | (4) "Commissioner" means the Labor Commissioner. 14 |
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46 | 46 | | (b) A call center employer that intends to relocate a call center, or one 15 |
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47 | 47 | | or more facilities or operating units within a call center comprising not 16 |
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48 | 48 | | less than thirty per cent of the call center's or operating unit's total call 17 |
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49 | 49 | | volume, when compared to the previous twelve-month average call 18 |
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50 | 50 | | volume of operations or substantially similar operations, from this state 19 |
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51 | 51 | | to another state or a foreign country shall notify the commissioner at 20 |
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52 | 52 | | least one hundred days prior to such relocation. 21 |
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53 | 53 | | (c) A call center employer that violates subsection (b) of this section 22 |
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54 | 54 | | shall be subject to a civil penalty not to exceed ten thousand dollars for 23 |
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55 | 55 | | each day of such violation, except that the commissioner may reduce 24 |
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56 | 56 | | such amount for just cause shown. 25 |
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57 | 57 | | (d) The commissioner shall compile an annual list of each call center 26 |
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58 | 58 | | employer that relocated a call center, or one or more facilities or 27 |
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59 | 59 | | operating units within a call center comprising at least thirty per cent of 28 |
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60 | 60 | | the call center's total volume of operations, from this state to another 29 |
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61 | 61 | | state or a foreign country. The commissioner shall make such list 30 |
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62 | 62 | | available to the public and shall prominently display a link to such list 31 |
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63 | 63 | | on the Labor Department's Internet web site. 32 |
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64 | 64 | | (e) Except as provided in subsection (g) of this section and 33 |
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65 | 65 | | notwithstanding any other provision of the general statutes, a call center 34 |
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66 | 66 | | employer on the annual list compiled under subsection (d) of this 35 |
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67 | 67 | | section shall be ineligible for any direct or indirect state grants, state 36 |
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68 | 68 | | guaranteed loans, state tax benefits or other state financial support for a 37 |
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69 | 69 | | period of five years from the date such list is published. 38 |
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70 | 70 | | (f) Except as provided in subsection (g) of this section and 39 |
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71 | 71 | | notwithstanding any other provision of the general statutes, a call center 40 |
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72 | 72 | | employer on the annual list compiled under subsection (d) of this 41 |
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73 | 73 | | section shall remit the unamortized value of any state grant, guaranteed 42 |
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74 | 74 | | loan, state tax benefit or other state financial support such call center 43 |
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75 | 75 | | employer has received in the five-year period prior to the date such call 44 Raised Bill No. 6383 |
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82 | 82 | | center was placed on such list. Nothing in this section shall be deemed 45 |
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83 | 83 | | to prevent an employer from receiving any grant to provide training or 46 |
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84 | 84 | | other employment assistance to individuals who are selected as being 47 |
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85 | 85 | | in particular need of training or other employment assistance due to the 48 |
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86 | 86 | | transfer or relocation of the employer's call center, facility or operating 49 |
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87 | 87 | | units. 50 |
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88 | 88 | | (g) The commissioner, in consultation with the appropriate agency 51 |
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89 | 89 | | providing a loan or grant, may waive the remittance requirement under 52 |
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90 | 90 | | subsection (f) of this section if the employer demonstrates that such 53 |
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91 | 91 | | requirement would: (1) Threaten state or national security, (2) result in 54 |
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92 | 92 | | substantial job loss in this state, or (3) harm the environment. 55 |
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93 | 93 | | (h) The department head of each state agency shall ensure that for all 56 |
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94 | 94 | | new contracts or new agreements entered into on and after October 1, 57 |
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95 | 95 | | 2021, all state business-related call center and customer service work is 58 |
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96 | 96 | | performed by state contractors or other agents or subcontractors entirely 59 |
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97 | 97 | | within this state, except that, if any such contractor, other agent or 60 |
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98 | 98 | | subcontractor performs work outside this state and adds customer 61 |
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99 | 99 | | service employees who will perform work pursuant to such new 62 |
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100 | 100 | | contracts or agreements, such new employees shall immediately be 63 |
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101 | 101 | | employed within this state. Businesses subject to a contract or 64 |
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102 | 102 | | agreement agreed to prior to October 1, 2021, with terms extending 65 |
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103 | 103 | | beyond October 1, 2023, shall be subject to the provisions of this 66 |
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104 | 104 | | subsection if the contract or agreement is renewed. 67 |
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105 | 105 | | (i) No provision of this section shall be construed to permit 68 |
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106 | 106 | | withholding or denial of payments, compensation or benefits under any 69 |
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107 | 107 | | other provision of the general statutes, including, but not limited to, 70 |
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108 | 108 | | state unemployment compensation, disability payments or worker 71 |
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109 | 109 | | retraining or readjustment funds, to workers employed by employers 72 |
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110 | 110 | | that relocate from this state to another state or a foreign country. 73 |
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111 | 111 | | (j) Nothing in this section shall be construed as creating a private 74 |
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112 | 112 | | cause of action against an employer who has violated, or is alleged to 75 |
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113 | 113 | | have violated, any provision of this section. 76 Raised Bill No. 6383 |
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