STATE OF NEW YORK ________________________________________________________________________ 6867 2025-2026 Regular Sessions IN ASSEMBLY March 14, 2025 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to prevailing wage for covered airport workers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 19-D of the labor law, as added by chapter 88 of 2 the laws of 2021, is amended to read as follows: 3 ARTICLE 19-D 4 [~~MINIMUM~~] PREVAILING WAGE RATES FOR COVERED AIRPORT 5 WORKERS 6 Section 696-a. Definitions. 7 696-b. [~~Certification to the commissioner~~] Prevailing wage for 8 covered airport workers. 9 696-c. [~~Minimum wage rate for covered airport workers~~] Overtime. 10 696-d. [~~Commissioner's powers of investigation~~] Powers of the 11 fiscal officer. 12 696-e. Records of employers. 13 696-f. Penalties. 14 696-g. Civil action. 15 696-h. Regulations. 16 696-i. Enforcement of article. 17 696-j. Savings clause. 18 § 696-a. Definitions. As used in this article: 1. "Covered airport 19 location" means [~~John F. Kennedy International Airport and LaGuardia~~ 20 ~~Airport~~] any airport operating under the jurisdiction of the Port 21 Authority of New York and New Jersey within the state or any location 22 used to perform [~~airline catering~~] work [~~as such work is described in~~ 23 ~~subparagraph (iv) of paragraph (a) of subdivision two of this section~~] 24 related to the preparation or delivery of food for consumption on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10857-02-5

A. 6867 2 1 airplanes departing from any airport operating under the jurisdiction 2 of the Port Authority of New York and New Jersey within the state. 3 2. [~~(a)~~] "Covered airport worker" means any person employed to perform 4 work at a covered airport location provided at least one-half of the 5 employee's time during any workweek is performed at a covered airport 6 location [~~and who works in one of the following covered categories:~~ 7 ~~(i) Cleaning and related services, which shall mean:~~ 8 ~~(1) building cleaning, including warehouse, kitchen, and terminal~~ 9 ~~cleaning, including common areas, gateways, gates, lounges, clubs,~~ 10 ~~concession areas, terminal entryways from ramp and where planes park at~~ 11 ~~the gate, and other nearby facilities used for the preparation, packag-~~ 12 ~~ing, and storage of inflight meals and supplies; and~~ 13 ~~(2) aircraft and cabin cleaning, including lavatory and water disposal~~ 14 ~~and replenishment, lift truck driving and helping, dispatching, cleaning~~ 15 ~~crew driving, and sorting and packing of inflight materials, such as~~ 16 ~~blankets, pillows, and magazines;~~ 17 ~~(ii) Security related services, including catering security, escort-~~ 18 ~~ing, escort security, passenger aircraft security, fire guarding, termi-~~ 19 ~~nal security, baggage security, traffic security, cargo screening,~~ 20 ~~including guarding, warehouse security, concessions and airport lounge~~ 21 ~~security, security dispatch, and security at nearby facilities used for~~ 22 ~~the preparation, packaging, and storage of inflight meals; or~~ 23 ~~(iii) In terminal and passenger handling services, including baggage~~ 24 ~~handling, sky cap services, wheelchair attending, wheelchair dispatch-~~ 25 ~~ing, customer and passenger services, line queue, identification check-~~ 26 ~~ing, porter services for baggage, and passenger and employee shuttle~~ 27 ~~driving.~~ 28 ~~(iv) Airline catering, including work related to the preparation or~~ 29 ~~delivery of food or beverage for consumption on airplanes departing from~~ 30 ~~a covered airport location or related location; or~~ 31 ~~(v) Airport lounge services, including food and retail services.~~ 32 ~~(b) "Covered airport worker" shall not include anyone who works in one~~ 33 ~~of the following non-covered categories:~~ 34 ~~(i) Non-cleaning and security related cargo and ramp services, includ-~~ 35 ~~ing ramp baggage and cargo handling, load control and ramp communi-~~ 36 ~~cation, aircraft mechanics and fueling of aircraft, provision of cool-~~ 37 ~~ing, heating, and power, passenger aircraft servicing, cabin equipment~~ 38 ~~maintenance, guiding aircraft in and out of gates, and gate side~~ 39 ~~aircraft maintenance;~~ 40 ~~(ii) Ramp and tarmac maintenance services, including operation of snow~~ 41 ~~plows, ramp cleaning vehicles, and tarmac sweepers;~~ 42 ~~(iii) Concession services, including food service, which includes food~~ 43 ~~and beverage service, wait service, and cashiers, and retail service,~~ 44 ~~which includes news, and gifts, and duty-free;~~ 45 ~~(c) "Covered airport worker" shall not include direct employees of the~~ 46 ~~Port Authority of New York and New Jersey, or any workers hired by~~ 47 ~~companies contracted by the Port Authority of New York and New Jersey,~~ 48 ~~that are performing work under such contract.~~ 49 ~~(d) Covered airport worker shall include only:~~ 50 ~~(i) Employees employed at a covered airport location on December thir-~~ 51 ~~tieth, two thousand twenty and who are working an average of at least~~ 52 ~~thirty hours per week; and~~ 53 ~~(ii) Employees employed at a covered airport location on or after~~ 54 ~~January first, two thousand twenty-three and who are working for an~~ 55 ~~average of thirty hours per week.~~

A. 6867 3 1 ~~(e) "Covered airport worker" shall also not include persons employed~~ 2 ~~in an executive, administrative, or professional capacity as defined in~~ 3 ~~subparagraph one of paragraph (a) of section thirteen of the Fair Labor~~ 4 ~~Standards Act of 1938~~]. "Covered airport worker" shall not include any 5 person employed in an executive, administrative, or professional capaci- 6 ty as defined in 29 U.S.C. 213 (a)(1). "Covered airport worker" does not 7 include any employee to whom the provisions of article eight or eight-A 8 of this chapter are applicable. 9 3. [~~"Successor airport employer" means any person who furnishes clean-~~ 10 ~~ing and related services, security related services, in terminal and~~ 11 ~~passenger handling services, airline catering, or airport lounge~~ 12 ~~services at a covered airport location that are substantially similar to~~ 13 ~~those that were provided by covered airport workers previously employed~~ 14 ~~by another employer at such covered airport location.~~ 15 4.] "Employer" means any person, corporation, limited liability compa- 16 ny, or association employing any individual in an occupation, industry, 17 trade, business or service. The term "employer" shall not include a 18 governmental agency. 19 [~~5. The "standard wage rate" means the greater of:~~ 20 ~~(a) any minimum wage rate that would be otherwise applicable to~~ 21 ~~covered airport workers established by article nineteen of this chapter;~~ 22 or 23 ~~(b) any otherwise applicable minimum wage rate established through a~~ 24 ~~policy of the Port Authority of New York and New Jersey.~~ 25 ~~6. The "standard benefits supplement rate" means an hourly supplement~~ 26 ~~of four dollars and fifty-four cents furnished to an employee by provid-~~ 27 ~~ing at least four dollars and fifty-four cents per hour toward the cost~~ 28 ~~of minimum essential coverage under an eligible employer-sponsored plan~~ 29 ~~as defined in treasury regulation section 1.5000A-2(c)(1) beginning on~~ 30 ~~July first, two thousand twenty-one. The standard benefits supplement~~ 31 ~~rate shall apply only to the first forty hours worked by each covered~~ 32 ~~airport worker in each week and shall not apply to any overtime hours~~ 33 ~~worked by any covered airport worker. The standard benefits supplement~~ 34 ~~rate shall apply to any paid leave taken by a covered airport worker~~ 35 ~~that does not exceed forty hours in a week.~~ 36 ~~7. The "applicable standard rate" shall mean a combination of (a) the~~ 37 ~~standard wage rate; and (b) the standard benefits supplemental rate~~] 38 4. "Fiscal officer" means the industrial commissioner, except for 39 work involving the employment of covered airport workers at a covered 40 airport location located in a city with a population of one million or 41 more, in which case "fiscal officer" means the comptroller or other 42 analogous officer of such city. 43 § 696-b. [~~Certification to the commissioner. 1. No later than March~~ 44 ~~thirty-first, two thousand twenty-one, each employer of a covered~~ 45 ~~airport worker shall submit to the commissioner a sworn statement certi-~~ 46 ~~fying the total number of workers employed by such employer at a covered~~ 47 ~~airport location to perform cleaning and related services, security~~ 48 ~~related services, in terminal and passenger handling services, airline~~ 49 ~~catering, or airport lounge services, at a covered airport location on~~ 50 ~~December thirtieth, two thousand twenty, and identifying the number that~~ 51 ~~is equal to eighty percent of such total number of employees, which~~ 52 ~~shall be the December thirtieth, two thousand twenty benchmark for the~~ 53 ~~purposes of this section. Such statement shall further include an affir-~~ 54 ~~mation that such employer will ensure that the number of covered airport~~ 55 ~~workers it employs at a covered airport location between July first, two~~ 56 ~~thousand twenty-one and December thirty-first, two thousand twenty-two~~

A. 6867 4 1 ~~is no less than the December thirtieth, two thousand twenty benchmark.~~ 2 ~~Such sworn statement shall be provided by the commissioner upon request~~ 3 ~~by any airport worker performing cleaning and related services, security~~ 4 ~~related services, in terminal and passenger handling services, airline~~ 5 ~~catering, or airport lounge services, at a covered airport location or~~ 6 ~~any representative of such airport workers. Prior to employing any~~ 7 ~~airport workers to perform cleaning and related services, security~~ 8 ~~related services, in terminal and passenger handling services, airline~~ 9 ~~catering, or airport lounge services, at a covered airport location, any~~ 10 ~~successor airport employer shall obtain the applicable December thirti-~~ 11 ~~eth, two thousand twenty benchmark from the commissioner and submit to~~ 12 ~~the commissioner an affirmation that such employer will ensure that the~~ 13 ~~number of covered airport workers it employs at a covered airport~~ 14 ~~location between July first, two thousand twenty-one and December thir-~~ 15 ~~ty-first, two thousand twenty-two is no less than the December thirti-~~ 16 ~~eth, two thousand twenty benchmark.~~ 17 ~~2. Each employer of any covered airport worker employed at a covered~~ 18 ~~airport location on or after January first, two thousand twenty-three~~ 19 ~~shall submit to the commissioner, in a form and manner proscribed by the~~ 20 ~~commissioner, a sworn statement affirming that such employer will~~ 21 ~~ensure, where applicable, that the proportion of covered airport workers~~ 22 ~~in each classification it employs to work an average of at least thirty~~ 23 ~~hours per week at a covered airport location is the same as such propor-~~ 24 ~~tion was compared to all workers in the same classification working at~~ 25 ~~such covered airport location in the calendar year two thousand nineteen~~ 26 ~~workforce. The commissioner shall publish a list of all covered classi-~~ 27 ~~fications with the corresponding proportions of all workers employed to~~ 28 ~~work an average of at least thirty hours a week compared to all workers~~ 29 ~~in the same classification employed to work at each covered airport~~ 30 ~~location in the calendar year two thousand nineteen. The commissioner~~ 31 ~~shall be empowered to promulgate rules or regulations to determine the~~ 32 ~~method and accounting for such information and to verify its accuracy,~~ 33 ~~including the ability to establish a presumed proportion where records~~ 34 ~~are missing or unavailable and provided further that such full-time~~ 35 ~~levels shall be no less than such December thirtieth, two thousand twen-~~ 36 ~~ty benchmark. If such proportion is not maintained, consistent with such~~ 37 ~~rules or regulations promulgated by the commissioner, then the hours~~ 38 ~~worked by such part time workers, which are outside of such proportion,~~ 39 ~~shall be subject to the provisions of this section as if they worked an~~ 40 ~~average of at least thirty hours per week at a covered airport location~~ 41 ~~and were otherwise a covered airport worker.~~ 42 ~~3. Each employer of a covered airport worker employed at a covered~~ 43 ~~airport location on December thirtieth, two thousand twenty and who is~~ 44 ~~working an average of at least thirty hours per week shall provide such~~ 45 ~~covered airport worker the ability to begin or change enrollment in an~~ 46 ~~eligible employer-sponsored plan as defined in treasury regulation~~ 47 ~~section 1.5000A-2(c)(1) for coverage beginning on July first, two thou-~~ 48 ~~sand twenty-one.~~ 49 ~~4. Each employer of any other covered airport worker at a covered~~ 50 ~~airport location shall provide such covered airport worker the ability~~ 51 ~~to begin or change enrollment in an eligible employer-sponsored plan as~~ 52 ~~defined in treasury regulation section 1.5000A-2(c)(1) for coverage~~ 53 ~~beginning no later than thirty days after becoming a covered airport~~ 54 ~~worker~~] Prevailing wage for covered airport workers. 1. Notwithstanding 55 any other provision of law, rule, or regulation to the contrary, as used 56 in this section, the term "wage" shall mean: (a) basic hourly cash rate

A. 6867 5 1 of pay; and (b) supplements. The term "supplements" shall mean fringe 2 benefits including medical or hospital care, pensions on retirement or 3 death, compensation for injuries or illness resulting from occupational 4 activity, or insurance to provide any of the foregoing, unemployment 5 benefits, life insurance, disability and sickness insurance, accident 6 insurance, and other bona fide fringe benefits not otherwise required by 7 federal, state or local law to be provided by a covered airport employ- 8 er. 9 2. Not earlier than July first, two thousand twenty-five, every 10 covered airport employer shall pay a covered airport worker working at a 11 covered airport location a wage of not less than the prevailing wage in 12 the locality for the craft, trade, or occupation of such covered airport 13 worker. 14 3. The obligation of a covered airport employer to pay prevailing 15 supplements may be discharged by furnishing any equivalent combinations 16 of fringe benefits or by making equivalent or differential payments in 17 cash under rules and regulations established by the fiscal officer. 18 4. Notwithstanding any other provisions of law, rule, or regulation to 19 the contrary, for the purposes of this article "prevailing wage" shall 20 mean the wage determined by the fiscal officer to be prevailing for the 21 various classes of covered airport workers in the locality; provided, 22 however, that in no event shall the prevailing wage applicable to a 23 covered airport worker on and after June first, two thousand twenty-five 24 and every year thereafter be less than the following: 25 (a) any otherwise applicable minimum wage rate established through a 26 policy of the Port Authority of New York and New Jersey; and 27 (b) an amount of wages or supplements equal to the rates for health 28 and welfare and additionally paid leave equal to the paid leave require- 29 ments designated by the fiscal officer based on the determinations made 30 by the federal department of labor pursuant to the McNamara-O'Hara 31 Service Contract Act of 1965 (41 U.S.C. 6701 et seq.) for the geographic 32 region in which the covered airport location is located and in effect on 33 the date of the designation by the fiscal officer. 34 5. On or before June first, two thousand twenty-five and each subse- 35 quent June first, the fiscal officer shall designate the wage and 36 supplemental benefits rates required under this section by classifica- 37 tion and region in which each covered airport is located. The fiscal 38 officer shall publicly post such designated wage rate. 39 6. Nothing in this article shall be deemed to alter or limit any 40 employer's obligation to pay any otherwise applicable prevailing wage 41 under article eight of this chapter. 42 § 696-c. [~~Minimum wage rate for covered airport workers. All covered~~ 43 ~~employers shall ensure that every covered airport worker is compensated~~ 44 ~~at a rate that is no less than the applicable standard rate. Nothing in~~ 45 ~~this article shall alter or limit any employer's obligation to pay any~~ 46 ~~otherwise applicable prevailing wage under article eight or nine of this~~ 47 ~~chapter~~] Overtime. A covered airport worker who works more than eight 48 hours in any one day or more than forty hours in any workweek shall be 49 paid wages for such overtime at a rate not less than one and one-half 50 times their prevailing basic cash hourly rate. 51 § 696-d. [~~Commissioner's powers of investigation. The commissioner or~~ 52 ~~his or her authorized representative shall have the power to:~~ 53 ~~1. investigate the compensation of covered airport workers in the~~ 54 ~~state;~~ 55 ~~2. enter the place of business or employment of any employer for the~~ 56 ~~purpose of (a) examining and inspecting any and all books, registers,~~

A. 6867 6 1 ~~payrolls, and other records that in any way relate to or have a bearing~~ 2 ~~upon the compensation provided to, or the hours worked by any employees,~~ 3 ~~and (b) ascertaining whether the provisions of this article and the~~ 4 ~~rules and regulations promulgated hereunder are being complied with; and~~ 5 ~~3. require from any employer full and correct statements and reports~~ 6 ~~in writing, at such times as the commissioner may deem necessary, of the~~ 7 ~~compensation provided to and the hours by such employer's employees.~~] 8 Powers of the fiscal officer. 1. In addition to the powers enumerated 9 elsewhere in this article, the fiscal officer shall have the power: 10 (a) to cause an investigation to be made to determine the wages 11 prevailing in any locality in all crafts, trades and occupations 12 involved in work involving the employment of covered airport workers; in 13 making such investigation, the fiscal officer may utilize wage and 14 fringe benefit data from various sources including, but not limited to, 15 data and determinations of federal, state or other governmental agen- 16 cies; 17 (b) to institute and conduct inspections at the site of the work or 18 elsewhere in aid of the effective administration and enforcement of the 19 provisions of this article; 20 (c) to examine the books, documents and records pertaining to the 21 wages paid to, and the hours of work performed by covered airport work- 22 ers; 23 (d) to hold the hearings provided for in this article, and in 24 connection therewith to issue subpoenas, administer oaths and examine 25 witnesses. The enforcement of a subpoena issued under this section shall 26 be regulated by the civil practice law and rules; 27 (e) to make a classification by craft, trade or other generally recog- 28 nized occupational category of the covered airport workers and to deter- 29 mine whether such work has been performed by the employees in such clas- 30 sification; 31 (f) to require an employer to file with the fiscal officer a record of 32 the wages actually paid by such employer to the covered airport workers 33 and of their hours of work; 34 (g) to delegate any of the foregoing powers to their deputy or other 35 authorized representative; 36 (h) to provide such reasonable limitations from any or all provisions 37 of this article as the fiscal officer may find necessary and proper in 38 the public interest or to avoid serious impairment of the conduct of 39 government business; and 40 (i) to propose, and after public hearing held before the fiscal offi- 41 cer or their designee, to promulgate such rules as the fiscal officer 42 shall consider necessary for the proper execution of the duties, respon- 43 sibilities and powers conferred upon them by the provisions of this 44 article. Such rules may allow such reasonable variations, tolerances and 45 exemptions to and from any or all provisions of this article as the 46 fiscal officer may find necessary and proper in the public interest, or 47 to avoid serious impairment of the conduct of government business. 48 2. For all work for which the industrial commissioner is the fiscal 49 officer, the industrial commissioner shall additionally have all the 50 powers granted to them elsewhere in this chapter. 51 § 696-e. Records of employers. For every employee covered by this 52 article, every employer shall establish, maintain, and preserve for not 53 less than six years contemporaneous, true, and accurate payroll records 54 showing for each week worked the hours worked, the compensation 55 provided, plus such other information as the [~~commissioner~~] fiscal offi- 56 cer deems material and necessary. For all covered airport workers who

A. 6867 7 1 are not exempt from overtime compensation as established in the [~~commis-~~ 2 ~~sioner's~~] fiscal officer's minimum wage orders or otherwise provided by 3 law, rule, or regulation, the payroll records shall include the compen- 4 sation provided and the regular hourly rate or rates of pay, the over- 5 time rate or rates of pay, the number of regular hours worked, the 6 number of overtime hours worked and the cost of benefits and/or benefit 7 supplements. On demand, the employer shall furnish to the [~~commissioner~~] 8 fiscal officer or [~~his or her~~] their duly authorized representative a 9 sworn statement of the hours worked, rate or rates of compensation, for 10 each covered airport worker, plus such other information as the [~~commis-~~ 11 ~~sioner~~] fiscal officer deems material and necessary. Every employer 12 shall keep such records open to inspection by the [~~commissioner~~] fiscal 13 officer or [~~his or her~~] their duly authorized representative at any 14 reasonable time. Every employer of a covered airport worker shall keep a 15 digest and summary of this article which shall be prepared by the 16 [~~commissioner~~] fiscal officer, posted in a conspicuous place in [~~his or~~ 17 ~~her~~] their establishment and shall also keep posted such additional 18 copies of said digest and summary as the [~~commissioner~~] fiscal officer 19 prescribes. Employers shall, on request, be furnished with copies of 20 this article and of orders, and of digests and summaries thereof, with- 21 out charge. Employers shall permit the [~~commissioner~~] fiscal officer or 22 [~~his or her~~] their duly authorized representative to question without 23 interference any employee of such employer in a private location at the 24 place of employment and during working hours in respect to the wages 25 paid to and the hours worked by such employee or other employees. 26 § 696-f. Penalties. 1. If the [~~commissioner~~] fiscal officer finds that 27 any employer has violated any provision of this article or of a rule or 28 regulation promulgated thereunder, the [~~commissioner~~] fiscal officer 29 may, after an opportunity for a hearing, and by an order which shall 30 describe particularly the nature of the violation, assess the employer a 31 civil penalty of not more than ten thousand dollars for the first such 32 violation within six years, not more than twenty thousand dollars for a 33 second violation within six years and not more than fifty thousand 34 dollars for a third or subsequent violation within six years. Such 35 penalty shall be paid to the [~~commissioner~~] fiscal officer for deposit 36 in the treasury of the state. In assessing the amount of the penalty, 37 the [~~commissioner~~] fiscal officer shall give due consideration to the 38 size of the employer's business, the good faith [~~of the employer~~] basis 39 of the employer to believe that its conduct was in compliance with the 40 law, the gravity of the violation, the history of previous violations 41 and the failure to comply with record-keeping or other requirements. 42 2. Any order issued under subdivision one of this section shall be 43 deemed a final order of the [~~commissioner~~] fiscal officer and not 44 subject to review by any court or agency unless the employer files a 45 petition with the industrial board of appeals for a review of the order, 46 pursuant to section one hundred one of this chapter. 47 3. The civil penalty provided for in this section shall be in addition 48 to and may be imposed concurrently with any other remedy or penalty 49 provided for in this chapter. 50 [~~4. Upon a showing by an employee organization, the commissioner may~~ 51 ~~investigate by examining payroll records whether an employer withheld~~ 52 ~~hours of work to employees for the purpose of reducing the employer's~~ 53 ~~obligations under this article. If, after the opportunity for a hearing,~~ 54 ~~the commissioner determines that an employer withheld hours of work to~~ 55 ~~employees for the purpose of reducing the employer's obligations under~~ 56 ~~this article, the commissioner may, in addition to any other penalty~~

A. 6867 8 1 ~~available, also require that the employer pay the standard benefits~~ 2 ~~supplement rate to all of the employer's employees, regardless of the~~ 3 ~~number of hours worked by the employees.~~] 4 § 696-g. Civil action. 1. On behalf of any employee paid less than the 5 [~~applicable standard rate~~] prevailing wage to which the employee is 6 entitled under the provisions of this article, the [~~commissioner~~] fiscal 7 officer may bring any legal action necessary, including administrative 8 action, to collect such claim, and the employer shall be required to pay 9 the full amount of the underpayment, plus costs, and unless the employer 10 proves a good faith basis to believe that its underpayment was in 11 compliance with the law, an additional amount as liquidated damages. 12 Liquidated damages shall be calculated by the [~~commissioner~~] fiscal 13 officer as no more than one hundred percent of the total amount of 14 underpayments found to be due the employee. In any action brought by the 15 [~~commissioner~~] fiscal officer in a court of competent jurisdiction, 16 liquidated damages shall be calculated as an amount equal to one hundred 17 percent of underpayments found to be due the employee. 18 2. Notwithstanding any other provision of law, an action to recover 19 upon a liability imposed by this article must be commenced within six 20 years. The statute of limitations shall be tolled from the date an 21 employee files a complaint with the [~~commissioner~~] fiscal officer or the 22 [~~commissioner~~] fiscal officer commences an investigation, whichever is 23 earlier, until an order to comply issued by the [~~commissioner~~] fiscal 24 officer becomes final, or where the [~~commissioner~~] fiscal officer does 25 not issue an order, until the date on which the [~~commissioner~~] fiscal 26 officer notifies the complainant that the investigation has concluded. 27 3. In any civil action by the [~~commissioner~~] fiscal officer, the 28 [~~commissioner~~] fiscal officer shall have the right to collect attorneys' 29 fees and costs incurred in enforcing any court judgment. Any judgment or 30 court order awarding remedies under this section shall provide that if 31 any amounts remain unpaid upon the expiration of ninety days following 32 issuance of judgment, or ninety days after expiration of the time to 33 appeal and no appeal therefrom is then pending, whichever is later, the 34 total amount of judgment shall automatically increase by fifteen 35 percent. 36 § 696-h. Regulations. [1.] The [~~commissioner~~] fiscal officer may 37 promulgate such regulations as [~~he or she deems~~] they deem appropriate 38 to carry out the purposes of this article and to safeguard minimum 39 compensation standards. 40 § 696-i. Enforcement of article. If the fiscal officer, as defined 41 herein, finds that any employer of covered airport workers fails to 42 comply with or evades the provisions of this article, it shall be the 43 duty of the fiscal officer to enforce the provisions of this article. 44 § 696-j. Savings clause. 1. If any provision of this article or the 45 application thereof to any person, occupation or circumstance is held 46 invalid, the remainder of the article and the application of such 47 provision to other persons, employees, occupations, or circumstances 48 shall not be affected thereby. 49 2. If any clause, sentence, paragraph, subdivision, section or part of 50 this article shall be adjudged by any court of competent jurisdiction to 51 be invalid, such judgment shall not affect, impair, or invalidate the 52 remainder thereof, but shall be confined in its operation to the clause, 53 sentence, paragraph, subdivision, section or part thereof directly 54 involved in the controversy in which such judgment shall have been 55 rendered. It is hereby declared to be the intent of the legislature that

A. 6867 9 1 this article would have been enacted even if such invalid provisions had 2 not been included herein. 3 [~~3. If section six hundred ninety-six-a, section six hundred ninety-~~ 4 ~~six-b, or section six hundred ninety-six-c of this article or any~~ 5 ~~portion thereof shall be adjudged, whether by final judgment, a tempo-~~ 6 ~~rary restraining order, or a preliminary injunction, by any court of~~ 7 ~~competent jurisdiction to be preempted by federal law, then the "stand-~~ 8 ~~ard benefits supplement rate" defined in subdivision six of section six~~ 9 ~~hundred ninety-six-a of this article shall immediately mean the follow-~~ 10 ~~ing:~~ 11 ~~(a) An hourly supplement of four dollars and fifty-four cents~~ 12 ~~furnished to an employee by providing at least four dollars and fifty-~~ 13 ~~four cents per hour beginning on July first, two thousand twenty-one in~~ 14 ~~one of the following ways: (i) in the form of health and/or other bene-~~ 15 ~~fits, not including paid leave, that cost the employer the entire~~ 16 ~~required hourly supplemental amount; (ii) by providing a portion of the~~ 17 ~~required hourly supplement in the form of health and/or other benefits,~~ 18 ~~not including paid leave, and the balance in cash; or (iii) by providing~~ 19 ~~the entire supplement in cash.~~ 20 ~~(b) The value of such supplement shall be no less than four dollars~~ 21 ~~and fifty-four cents per hour.~~ 22 ~~(c) The standard benefits supplement rate shall apply only to the~~ 23 ~~first forty hours worked by each covered airport worker in each week and~~ 24 ~~shall not apply to any overtime hours worked by any covered airport~~ 25 ~~worker.~~ 26 ~~(d) The standard benefits supplement rate shall apply to any paid~~ 27 ~~leave taken by a covered airport worker that does not exceed forty hours~~ 28 ~~in a week.~~ 29 ~~4. If section six hundred ninety-six-a, section six hundred ninety-~~ 30 ~~six-b, or section six hundred ninety-six-c of this article or any~~ 31 ~~portion thereof shall be adjudged by any preliminary relief, including a~~ 32 ~~temporary restraining order or a preliminary injunction, by any court of~~ 33 ~~competent jurisdiction to be preempted by federal law but is later~~ 34 ~~adjudged by the same court not to be preempted by federal law in a final~~ 35 ~~judgment, then the definition of "standard benefits supplement rate"~~ 36 ~~shall immediately revert to the definition stated in subdivision six of~~ 37 ~~section six hundred ninety-six-a of this article.~~] 38 § 2. This act shall take effect June 1, 2025. Effective immediately, 39 the addition, amendment and/or repeal of any rule or regulation neces- 40 sary for the implementation of this act on its effective date are 41 authorized to be made and completed on or before such effective date.

Relates to prevailing wage for covered airport workers

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