AB 271 — Revises provisions relating to call centers. (BDR 53-900)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on June 3, 2019) FOURTH REPRINT A.B.

271271–Assemblywoman APeters SSEMBLYCHAPTER.......... B ILLN O.

271–ASSEMBLYWOMAN PETERS M ARCH 15, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to call centers.

(BDR 53-900) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiThe Counsel’sfederal Digest:Worker Adjustment and Retraining Notification Act, 29 U.S.C.

The§§ federalet. Worker Adjustment and Retraining Notification Act, 29 U.S.C.

§§seq., 2101requires et.certain employers to provide a notice containing certain information to employees and certain other entities at least 60 days before ordering a plant closing or a mass layoff.

seq.,(29 requiresU.S.C. certain employers to provide a notice containing certain information to employees and certain other entities at least 60 days before ordering an employer who relocates a call center or certain operations of a call center to as foreign country to provide certain notice to the Labor Commissioner and the employees who will be displaced due to the relocation not later than 90 days before the relocation.

If§ the2102) employerSection has6 receivedof anthis incentivebill forrequires economican developmentemployer fromwho relocates a statecall agencycenter withinor thecertain immediatelyoperations precedingof 10a years,call sectioncenter 6to requiresa theforeign employercountry to notifyprovide certain notice to the Labor Commissioner and the affected employees ofwho employerwill hasbe notdisplaced receiveddue anto incentivethe forrelocation economicnot developmentlater withinthan the.90 days before the relocation.

If the immediatelyemployer precedinghas 10received years,an sectionincentive 6for requireseconomic development the employer to providenotify a notice to the Labor Commissioner and the affected employees thatofquires containsthe certainrelocation informationand set forth in the federalnumber Workerof Adjustmentemployees anddisplaced Retrainingdue Notificationto Act.the relocation.

-If *AB271_R4*the – 2 – Under section 6, an employer who has providednot thereceived required notice is ineligible, for a period of 5 years, to receive an incentive for economic development fromwithin athe stateimmediately agency,preceding including,10 withoutyears, limitation,section a6 grant,requires loan,the taxemployer creditto orprovide makinga annotice employerto ineligiblethe forLabor incentivesCommissioner uponand the requestaffected ofemployees athat statecontains agencycertain thatinformation wishesset toforth providein suchthe anfederal incentiveWorker inAdjustment certainand circumstances.Retraining Notification Act.

Under section 6, an employer who has provided the required notice is from a state agency, including, without limitation, a grant, loan, tax credit orpment abatement.

Section 6 authorizes the Labor Commissioner to waive the provision making an employer ineligible for incentives upon the request of a state agency that wishes to provide such an incentive in certain circumstances.

THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

- 80th Session (2019) – 2 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

An employer who relocates a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the total operating volume of telephone calls or other electronic communications when measured against the average volume of those operations from the previouslater 12than months,90 fromdays thisbefore Statesuch torelocation:oreign a foreign country shall, not later(a) thanIf 90the daysemployer beforehas suchreceived relocation:any incentive from a state agency for economic development, including, without limitation, any grant, loan, tax credit or abatement within the 10 years immediately preceding the relocation, notify the Labor Commissioner and the employees who will be displaced due to the relocation of:

(a) If the employer has received any incentive from a state agency for economic development, including, without limitation, any grant, loan, tax credit or abatement within the 10 years immediately preceding the relocation, notify the Labor Commissioner and the employees who will be displaced due to the relocation of:

and - *AB271_R4* – 3 – (2) The number of employees who will be displaced due to the relocation;

Except as otherwise provided in subsection 3, an employer who has provided the notice required by subsection 1 is ineligible to receive from a state agency any incentive for economic - 80th Session (2019) – 3 – development, including, without limitation, any grant, loan, tax credit or abatement for a period of 5 years following the date upon which such notice was provided to the Labor Commissioner.

The Labor Commissioner may waive the provisions of subsection 2 for a state agency that wishes to provide an incentive for economic development to an employer who has provided thethecentive notice required by subsection 1 upon the request of the state agency if:

If an employer fails to provide the notice required by paragraph (b) of subsection 1 of section 6 of this act, the Labor Commissioner shall impose against the employer a civil penalty of $5,000 and an additional civil penalty of $500 for each day the employer fails to provide the notice, up to a maximum of 30 days.

The provisions of sections 2 to 10, inclusive, of this act must not be construed to authorize the withholding or denial of payments, compensation or benefits under any law of this State, -including, *AB271_R4*without –limitation, 4unemployment –compensation, a disability benefit or a payment for the purposes of retraining or readjustment to an employee of an employer who relocates a call center to a foreign country.

The Labor Commissioner may adopt such regulations as are necessary to carry out the provisions of sections 2 to 10, inclusive, of this act.

(Deleted by amendment.) - 80th Session (2019) – 4 – Sec.

H~~~~~ 19 - *AB271_R4*80th Session (2019)