3. a. Any employer with a call center within the State of New Jersey shall maintain a staffing level capable of handling no less than 65 percent of customer volume of telephone calls, emails, or other electronic communications, when measured against the previous six-month average volume of those operations, originating in the State of New Jersey or an account with a service address within the State of New Jersey. If the staffing level of a call center falls below the amount required pursuant to this subsection, the employer shall notify the commissioner immediately.

b. Any employer that relocates a call center, or transfers one or more facilities or operating units comprising at least 20 percent of a call center’s total operating volume of telephone calls, emails, or other electronic communications when measured against the previous 12-month average volume of those operations, from the State of New Jersey to one or more foreign countries shall notify the commissioner at least 90 days prior to the relocation or transfer of operations.

c. Any employer that violates the notification requirement pursuant to this section shall be subject to a civil penalty in an amount not to exceed $7,500 for each day the employer fails to provide the notification, collectible by the commissioner in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C. 2A:58-10 et seq.). The commissioner shall have the authority to waive this penalty.

L.2019, c.470, s.3.