N.Y.
Labor Law Section 696-A
Definitions
1.
“Covered airport location” means John F. Kennedy International Airport and LaGuardia Airport or any location used to perform airline catering work as such work is described in subparagraph (iv) of paragraph (a) of subdivision two of this section.2.
(a) “Covered airport worker” means any person employed to perform work at a covered airport location provided at least one-half of the employee’s time during any workweek is performed at a covered airport location and who works in one of the following covered categories:(i)
Cleaning and related services, which shall mean: (1) building cleaning, including warehouse, kitchen, and terminal cleaning, including common areas, gateways, gates, lounges, clubs, concession areas, terminal entryways from ramp and where planes park at the gate, and other nearby facilities used for the preparation, packaging, and storage of inflight meals and supplies; and (2) aircraft and cabin cleaning, including lavatory and water disposal and replenishment, lift truck driving and helping, dispatching, cleaning crew driving, and sorting and packing of inflight materials, such as blankets, pillows, and magazines;(ii)
Security related services, including catering security, escorting, escort security, passenger aircraft security, fire guarding, terminal security, baggage security, traffic security, cargo screening, including guarding, warehouse security, concessions and airport lounge security, security dispatch, and security at nearby facilities used for the preparation, packaging, and storage of inflight meals; or(iii)
In terminal and passenger handling services, including baggage handling, sky cap services, wheelchair attending, wheelchair dispatching, customer and passenger services, line queue, identification checking, porter services for baggage, and passenger and employee shuttle driving.(iv)
Airline catering, including work related to the preparation or delivery of food or beverage for consumption on airplanes departing from a covered airport location or related location; or(v)
Airport lounge services, including food and retail services.(b)
“Covered airport worker” shall not include anyone who works in one of the following non-covered categories:(i)
Non-cleaning and security related cargo and ramp services, including ramp baggage and cargo handling, load control and ramp communication, aircraft mechanics and fueling of aircraft, provision of cooling, heating, and power, passenger aircraft servicing, cabin equipment maintenance, guiding aircraft in and out of gates, and gate side aircraft maintenance;(ii)
Ramp and tarmac maintenance services, including operation of snow plows, ramp cleaning vehicles, and tarmac sweepers;(iii)
Concession services, including food service, which includes food and beverage service, wait service, and cashiers, and retail service, which includes news, and gifts, and duty-free;(c)
“Covered airport worker” shall not include direct employees of the Port Authority of New York and New Jersey, or any workers hired by companies contracted by the Port Authority of New York and New Jersey, that are performing work under such contract.(d)
Covered airport worker shall include only:(i)
Employees employed at a covered airport location on December thirtieth, two thousand twenty and who are working an average of at least thirty hours per week; and(ii)
Employees employed at a covered airport location on or after January first, two thousand twenty-three and who are working for an average of thirty hours per week.(e)
“Covered airport worker” shall also not include persons employed in an executive, administrative, or professional capacity as defined in subparagraph one of paragraph (a) of section thirteen of the Fair Labor Standards Act of 1938.3.
“Successor airport employer” means any person who furnishes cleaning and related services, security related services, in terminal and passenger handling services, airline catering, or airport lounge services at a covered airport location that are substantially similar to those that were provided by covered airport workers previously employed by another employer at such covered airport location.4.
“Employer” means any person, corporation, limited liability company, or association employing any individual in an occupation, industry, trade, business or service. The term “employer” shall not include a governmental agency.5.
The “standard wage rate” means the greater of:(a)
any minimum wage rate that would be otherwise applicable to covered airport workers established by article 19 (Minimum Wage Act)article nineteen of this chapter; or(b)
any otherwise applicable minimum wage rate established through a policy of the Port Authority of New York and New Jersey.6.
The “standard benefits supplement rate” means an hourly supplement of four dollars and fifty-four cents furnished to an employee by providing at least four dollars and fifty-four cents per hour toward the cost of minimum essential coverage under an eligible employer-sponsored plan as defined in treasury regulation section 1.5000A-2(c)(1) beginning on July first, two thousand twenty-one. The standard benefits supplement rate shall apply only to the first forty hours worked by each covered airport worker in each week and shall not apply to any overtime hours worked by any covered airport worker. The standard benefits supplement rate shall apply to any paid leave taken by a covered airport worker that does not exceed forty hours in a week.7.
The “applicable standard rate” shall mean a combination of (a) the standard wage rate; and(b)
the standard benefits supplemental rate.
Source:
Section 696-A — Definitions, https://www.nysenate.gov/legislation/laws/LAB/696-A (updated Apr. 2, 2021; accessed Oct. 26, 2024).
