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A06867 Summary:

BILL NOA06867
 
SAME ASNo Same As
 
SPONSORHyndman
 
COSPNSRColton, Alvarez, Jacobson, Taylor, Zinerman, Santabarbara
 
MLTSPNSR
 
Amd Art 19-D §§696 - 696-j, Lab L
 
Provides for prevailing wage and overtime for covered airport workers.
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A06867 Text:



 
                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.
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