We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
Calling outsourcing "one of the scourges of our
economy," Rep. Timothy Bishop (D-N.Y.) has introduced a bill that would make companies that relocate
call centers to locations outside of the United States ineligible
for federal grant or guaranteed loan programs for five years.
Under the U.S. Call Center and Consumer Protection Act (HR
3596), any company that (1) employs either 50 or more
full-time call center employees, or 50 or more call center
employees who work at least 1,500 aggregate hours per week
(excluding overtime) and (2) closes a call center or ceases
the operations of at least 30 percent of a call center's call
volume and relocates those operations to a location outside of the
United States, must provide at least 120 days' notice to the
Secretary of Labor prior to any such relocation. Companies
that fail to comply with this notice provision face civil penalties
of up to $10,000 per day.
The Act would also require the Secretary of Labor to maintain a
publicly available list of these companies, with each company
remaining on the list for up to three years after each instance of
relocation. With certain limited exceptions, any company on
this list would be ineligible for any direct or indirect federal
grants or guaranteed loan programs for a period of five years from
when they were added to the list. The bill also contains a
provision requiring federal and state agencies to give preference
in civilian or defense contracting to U.S. companies not on the
list.
The bill also separately requires that any call center agents
located outside of the United States to (1) disclose their physical
location at the beginning of all calls and (2) to transfer the call
back to a U.S.-based call center upon the customer's request.
This disclosure requirement does not apply to customers who
initiate the communication with the call center agent and who know,
or reasonably should know, that the call center agent is physically
located outside the U.S. Companies subject to these
disclosure and transfer requirements must certify their compliance
to the Federal Trade Commission annually. Any failure to
comply is treated as a violation of the Federal Trade Commission
regulations regarding unfair or deceptive acts or practices.
The bill's co-sponsors include Reps. David McKinley
(R-W.V.), Gene Green (D-Texas) and Michael Michaud (D-Maine).
Measures with similar physical location disclosure provisions
have been previously introduced in Congress. In September,
Sen. Charles Schumer (D-N.Y.) introduced a bill that would require
customer service agents located outside of the United States
and working on behalf of entities conducting business in the United
States to reveal their physical location to U.S.-based customers at
the beginning of any electronic communication initiated or received
by them. Click
here to read our alert on Sen. Schumer's bill.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A female employee traveling for her employer met a "friend" and at her motel room with him became "injured whilst engaging in sexual intercourse when a glass light fitting above the bed was pulled from its mount and fell on her."
The "just cause" standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with "just cause").
The Affordable Care Act provides employees who are not offered health coverage by their employers with the option of purchasing health coverage through new health insurance marketplaces (also known as health insurance exchanges) that will operate in every state.
Beginning in 2014, the Affordable Care Act will require "large" employers to offer their full-time employees healthcare coverage that meets certain standards or pay a penalty.
The Affordable Care Act’s employer shared responsibility rules will require large employers to make an offer of minimum essential coverage to at least 95% of their full-time employees or pay a non-deductible excise tax on all their full-time employees.
The Defense of Marriage Act (DOMA) defines marriage at the federal level as a legal union between one man and one woman and excuses states from any obligation to recognize same-sex marriages recognized in any other state.
Employers have until October 1, 2013, to provide notice to current employees of coverage options available through the Health Insurance Marketplace established under the Affordable Care Act.
