Section 41-23-231 Notification of Intent to Relocate a Call Center, Facility, Etc.; Violations; Penalties.

(a) An employer that intends to relocate a call center, or one or more facilities or operating units within a call center consisting of at least 30 percent of the call center’s total volume when measured against the previous 12-month average call volume, from this state shall notify the secretary at least 120 days before the relocation is scheduled to occur if the employer has entered into a contract for the relocated call center within the five years preceding the relocation. (b) If the employer fails to provide notice pursuant to subsection (a), the secretary shall notify the Attorney General of the failure, and the Attorney General shall commence an action for assessment of a civil penalty against the employer in the circuit court in the county where the employer’s call center is located. Upon a finding that an employer has violated subsection (a), the court shall assess a civil penalty of not more than ten thousand dollars ($10,000) against the employer for each day the employer failed to provide the notice. The assessed civil penalty may not exceed the value of the unamortized value of any grant, loan, or tax credit that the employer received from the state or any political subdivision of the state on or after September 1, 2019. (c) A court may reduce a civil penalty imposed under subsection (b) if the court determines that an employer has shown just cause as to why notification under subsection (a) was not made in the time frame required.