LBD09352-01-1
S. 4001 2
§ 3. Subdivisions 1, 4 and 8 of section 230 of the labor law, as
amended by a chapter of the laws of 2020 amending the labor law relating
to enacting the "healthy terminals act", as proposed in legislative
bills numbers S.6266-D and A.8142-E, are amended to read as follows:
1. "Building service employee" or "[service] employee" means any
person performing work in connection with the care or maintenance of an
existing building, or in connection with the transportation of office
furniture or equipment to or from such building, or in connection with
the transportation and delivery of fossil fuel to such building, for a
contractor under a contract with a public agency which is in excess of
one thousand five hundred dollars and the principal purpose of which is
to furnish services through the use of building service employees.
"Building service employee" or "[service] employee" includes, but is
not limited, to, watchman, guard, doorman, building cleaner, porter,
handyman, janitor, gardener, groundskeeper, stationary fireman, elevator
operator and starter, window cleaner, and occupations relating to the
collection of garbage or refuse, and to the transportation of office
furniture and equipment, and to the transportation and delivery of
fossil fuel but does not include clerical, sales, professional, techni-
cian and related occupations.
"Building service employee" or "[service] employee" also does not
include any employee to whom the provisions of articles eight and
eight-a of this chapter are applicable.
4. "Contractor" means any employer who employs employees to perform
building service work under a contract with a public agency and shall
include any of the contractor's subcontractors. ["Contractor" shall also
include any covered airport employer as such term is defined in this
section.]
8. "Fiscal officer" means the industrial commissioner, except for
building service work performed by or on behalf of a city, [or work
involving the employment of covered airport workers at a covered airport
location located in a city with a population of one million or more,] in
which case "fiscal officer" means the comptroller or other analogous
officer of such city.
§ 4. Subdivisions 1-a, 15, 16 and 17 of section 230 of the labor law
as added by a chapter of the laws of 2020 amending the labor law relat-
ing to enacting the "healthy terminals act", as proposed in legislative
bills numbers S.6266-D and A.8142-E, are REPEALED.
§ 5. Section 231-a of the labor law as added by a chapter of the laws
of 2020 amending the labor law relating to enacting the "healthy termi-
nals act", as proposed in legislative bills numbers S. 6266-D and
A.8142-E, is REPEALED.
§ 6. The section heading of section 231 of the labor law, as amended
by a chapter of the laws of 2020 amending the labor law relating to
enacting the "healthy terminals act", as proposed in legislative bills
numbers S.6266-D and A.8142-E, is amended to read as follows:
Prevailing wage [for building service employees].
§ 7. Subdivisions 1 and 2 of section 233 of the labor law, as amended
by a chapter of the laws of 2020 amending the labor law relating to
enacting the "healthy terminals act", as proposed in legislative bills
numbers S.6266-D and A.8142-E, are amended to read as follows:
1. In all cases where service work is being performed pursuant to a
contract therefor[, or where work is being performed pursuant to a
contract involving the employment of covered airport workers,] the
contractor shall keep original payrolls or transcripts thereof,
subscribed and confirmed by him as true, under penalties of perjury,
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showing the hours and days worked by each employee, the craft, trade or
occupation at which he was employed, and the wages paid.
2. Where the wages paid include sums which are not paid directly to
the [employees] WORKMEN weekly and which are expended for supplements,
the records required to be maintained shall include a record of such
hourly payment on behalf of such employees, the supplement for which
such payment has been made, and the name and address of the person to
whom such payment has been made. In all such cases, the contractor shall
keep a true and inscribed copy of the agreement under which such
payments are made, a record of all net payments made thereunder, and a
list of all persons for whom such payments are made.
§ 8. Paragraphs (a) and (c) of subdivision 1 of section 234 of the
labor law, as amended by a chapter of the laws of 2020 amending the
labor law relating to enacting the "healthy terminals act", as proposed
in legislative bills numbers S.6266-D and A.8142-E, are amended to read
as follows:
(a) to cause an investigation to be made to determine the wages
prevailing in any locality in all crafts, trades and occupations
involved in service work [or work involving the employment of covered
airport workers]; in making such investigation, the fiscal officer may
utilize wage and fringe benefit data from various sources including, but
not limited to, data and determinations of federal, state or other
governmental agencies;
(c) to examine the books, documents and records pertaining to the
wages paid to, and the hours of work performed by, SERVICE employees;
§ 9. Paragraph (e-1) of subdivision 1 of section 234 of the labor law
as added by a chapter of the laws of 2020 amending the labor law relat-
ing to enacting the "healthy terminals act", as proposed in legislative
bills numbers S.5266-D and A.8142-E is REPEALED.
§ 10. Subdivisions 1 and 3 of section 235 of the labor law, as amended
by a chapter of the laws of 2020 amending the labor law relating to
enacting the "healthy terminals act", as proposed in legislative bills
numbers S.6266-D and A.8142-E, are amended to read as follows:
1. Whenever the fiscal officer has reason to believe that [an] A
SERVICE employee has been paid less than the wages stipulated in the
contract, or if such contract has no wage schedule attached thereto and
the fiscal officer has reason to believe that [an] A SERVICE employee
has been paid less than the wages prevailing for his craft, trade or
occupation, the fiscal officer may, and upon receipt of a written
complaint from an employee employed thereon, shall conduct a special
investigation to determine the facts relating thereto.
3. If, despite the requirements of law, the contract for the service
work [or work involving the employment of covered airport workers] has
been awarded without the annexation thereto of the schedule of wages
provided for in this article, the fiscal officer shall determine in the
proceeding before him the wages prevailing at the time the work was
performed for the crafts, trades or occupations of the employees
involved.
§ 11. Section 236 of the labor law, as amended by a chapter of the
laws of 2020 amending the labor law relating to enacting the "healthy
terminals act", as proposed in legislative bills numbers S.6266-D and
A.8142-E, is amended to read as follows:
§ 236. Failure to protest underpayments. Notwithstanding any incon-
sistent provision of this chapter or of any other general, special or
local law, ordinance, charter or administrative code, [an] A SERVICE
employee shall not be barred from his right to recover the difference
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between the amount actually paid to him and the amount which should have
been paid to him pursuant to an order entered under the provisions of
this article because of the prior receipt by him without protest of
wages paid or on account of his failure to state orally or in writing
upon any payroll or receipt which he is required to sign that the wages
received by him are received under protest, or on account of his failure
to indicate his protest against the amount, or that the amount so paid
does not constitute payment in full of wages due him for the period
covered by such payment.
§ 12. Subdivisions 1 and 4 of section 237 of the labor law, as amended
by a chapter of the laws of 2020 amending the labor law relating to
enacting the "healthy terminals act", as proposed in legislative bills
numbers S.6266-D and A.8142-E, are amended to read as follows:
1. Subcontractors engaged for service work[, or for work involving the
employment of covered airport workers,] by a contractor or its subcon-
tractor shall, upon receipt from the contractor or its subcontractor of
the schedule of wages and supplements specified in the contract, provide
to the contractor or its subcontractor a verified statement attesting
that the subcontractor has received and reviewed such schedule of wages
and supplements, and agrees that it will pay the applicable prevailing
wages and will pay or provide the supplements specified therein. Such
verified statement shall be filed in the manner described in subdivision
three of this section[, provided, however, that in the case of contracts
for work involving the employment of covered airport workers, such veri-
fied statement shall be subject to inspection upon request of the fiscal
officer]. It shall be a violation of this article for any contractor or
its subcontractor to fail to provide for its subcontractor a copy of the
schedule of wages and supplements specified in the contract.
4. If any interested person shall have previously filed a protest in
writing objecting to the payment to any contractor or subcontractor to
the extent of the amount or amounts due or to become due to him for
daily or weekly wages for labor performed on the work for which such
contract was entered into, or if for any other reason it may be deemed
advisable, the comptroller of the state or the financial officer of the
public agency or other officer or person charged with the custody and
disbursement of the state or corporate funds applicable to the contract
for such work, may deduct from the whole amount of any payment on
account thereof the sum or sums admitted by any contractor or subcon-
tractor in such statement or statements as filed to be due and owing by
him or her on account of labor performed on such work before making
payment of the amount certified for payment in any estimate or voucher,
and may withhold the amount so deducted for the benefit of the SERVICE
employees whose wages are unpaid as shown by the verified statements
filed by any contractor or subcontractor, and may pay directly to any
person the amount or amounts shown by the statements filed as hereinbe-
fore required to be due to him or her or his or her duly authorized
collective bargaining labor organization receiving such payment to the
extent of the amount thereof.
§ 13. Subdivision 2 of section 238 of the labor law, as amended by a
chapter of the laws of 2020 amending the labor law relating to enacting
the "healthy terminals act", as proposed in legislative bills numbers
S.6266-D and A.8142-E, is amended to read as follows:
2. When a contract for service work [or work involving the employment
of covered airport workers] contains as part thereof a schedule of wages
as provided for in this article, any contractor who, after entering into
such contract, and any subcontractor of such contractor who fails to pay
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to any SERVICE employee the wages stipulated in such wage schedule is
guilty of a misdemeanor and upon conviction shall be punished for a
first offense by a fine of five hundred dollars or by imprisonment for
not more than thirty days or by both fine and imprisonment; for a second
offense by a fine of one thousand dollars, and in addition thereto the
contract on which the violation has occurred shall be forfeited; and no
such contractor shall be entitled to receive any sum, nor shall any
officer, agent or employee of the contracting public agency pay any such
sum or authorize its payment from the funds under his charge or control
to such contractor for work done upon the contract on which the contrac-
tor has been convicted of a second offense. If the contractor or
subcontractor is a corporation, any officer of such corporation who
knowingly permits the corporation to fail to make such payment shall
also be guilty of a misdemeanor and the criminal and civil penalties
herein shall attach to such officer upon conviction.
§ 14. Section 239 of the labor law, as amended by a chapter of the
laws of 2020 amending the labor law relating to enacting the "healthy
terminals act", as proposed in legislative bills numbers S.6266-D and
A.8142-E, is amended to read as follows:
§ 239. Provisions in contracts prohibiting discrimination on account
of race, creed, color, national origin, age or sex. Every contract for
service work [or work involving the employment of covered airport work-
ers] shall contain provisions by which the contractor agrees:
(1) that in the hiring of employees for the performance of work under
the contract or any subcontract thereunder within the territorial limits
of this state, no contractor, subcontractor, nor any person acting on
behalf of such contractor or subcontractor, shall by reason of race,
creed, color, national origin, age, sex or disability, discriminate
against any citizen of the state of New York who is qualified and avail-
able to perform the work to which the employment relates;
(2) that no contractor, subcontractor, nor any person on his behalf
shall, in any manner, discriminate against or intimidate any employee
hired for the performance of work under the contract on account of race,
creed, color, national origin, age, sex or disability;
(3) that there may be deducted from the amount payable to the contrac-
tor by the public agency under the contract [for service work] a penalty
of fifty dollars for each person for each day during which such person
was discriminated against or intimidated in violation of the provisions
of the contract;
(4) that the contract [for service work] may be cancelled or termi-
nated by the public agency, and all moneys due or to become due there-
under may be forfeited for a second or any subsequent violation of the
terms or conditions of this section of the contract.
§ 15. Section 239-a of the labor law, as amended by a chapter of the
laws of 2020 amending the labor law relating to enacting the "healthy
terminals act", as proposed in legislative bills numbers S.6266-D and
A.8142-E, is amended to read as follows:
§ 239-a. Enforcement of article. [1.] If the fiscal officer, as
defined herein, finds that any contractor on service work fails to
comply with or evades the provisions of this article, he shall present
evidence of such noncompliance or evasion to the public agency having
charge of such work for enforcement. Where such evidence indicates a
noncompliance or evasion on the part of a subcontractor, the contractor
shall be responsible for such noncompliance or evasion. It shall be the
duty of the public agency in charge of such service work to enforce the
provisions of this article.
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[2. If the fiscal officer, as defined herein, finds that any contrac-
tor on work involving the employment of covered airport workers fails to
comply with or evades the provisions of this article, it shall be the
duty of the fiscal officer to enforce the provisions of this article.]
§ 16. The labor law is amended by adding a new article 19-D to read as
follows:
ARTICLE 19-D
MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
SECTION 696-A. DEFINITIONS.
696-B. CERTIFICATION TO THE COMMISSIONER.
696-C. MINIMUM WAGE RATE FOR COVERED AIRPORT WORKERS.
696-D. COMMISSIONER'S POWERS OF INVESTIGATION.
696-E. RECORDS OF EMPLOYERS.
696-F. PENALTIES.
696-G. CIVIL ACTION.
696-H. REGULATIONS.
696-I. SAVINGS CLAUSE.
§ 696-A. DEFINITIONS. AS USED IN THIS ARTICLE: 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, PACKAG-
ING, 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, ESCORT-
ING, ESCORT SECURITY, PASSENGER AIRCRAFT SECURITY, FIRE GUARDING, TERMI-
NAL 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 DISPATCH-
ING, CUSTOMER AND PASSENGER SERVICES, LINE QUEUE, IDENTIFICATION CHECK-
ING, 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, INCLUD-
ING RAMP BAGGAGE AND CARGO HANDLING, LOAD CONTROL AND RAMP COMMUNI-
CATION, AIRCRAFT MECHANICS AND FUELING OF AIRCRAFT, PROVISION OF COOL-
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ING, 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 THIR-
TIETH, 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 CLEAN-
ING 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 COMPA-
NY, 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 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 PROVID-
ING 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.
§ 696-B. CERTIFICATION TO THE COMMISSIONER. 1. NO LATER THAN MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, EACH EMPLOYER OF A COVERED
AIRPORT WORKER SHALL SUBMIT TO THE COMMISSIONER A SWORN STATEMENT CERTI-
FYING THE TOTAL NUMBER OF WORKERS EMPLOYED BY SUCH EMPLOYER AT A COVERED
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AIRPORT LOCATION TO PERFORM CLEANING AND RELATED SERVICES, SECURITY
RELATED SERVICES, IN TERMINAL AND PASSENGER HANDLING SERVICES, AIRLINE
CATERING, OR AIRPORT LOUNGE SERVICES, AT A COVERED AIRPORT LOCATION ON
DECEMBER THIRTIETH, TWO THOUSAND TWENTY, AND IDENTIFYING THE NUMBER THAT
IS EQUAL TO EIGHTY PERCENT OF SUCH TOTAL NUMBER OF EMPLOYEES, WHICH
SHALL BE THE DECEMBER THIRTIETH, TWO THOUSAND TWENTY BENCHMARK FOR THE
PURPOSES OF THIS SECTION. SUCH STATEMENT SHALL FURTHER INCLUDE AN AFFIR-
MATION THAT SUCH EMPLOYER WILL ENSURE THAT THE NUMBER OF COVERED AIRPORT
WORKERS IT EMPLOYS AT A COVERED AIRPORT LOCATION BETWEEN JULY FIRST, TWO
THOUSAND TWENTY-ONE AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO
IS NO LESS THAN THE DECEMBER THIRTIETH, TWO THOUSAND TWENTY BENCHMARK.
SUCH SWORN STATEMENT SHALL BE PROVIDED BY THE COMMISSIONER UPON REQUEST
BY ANY AIRPORT WORKER PERFORMING CLEANING AND RELATED SERVICES, SECURITY
RELATED SERVICES, IN TERMINAL AND PASSENGER HANDLING SERVICES, AIRLINE
CATERING, OR AIRPORT LOUNGE SERVICES, AT A COVERED AIRPORT LOCATION OR
ANY REPRESENTATIVE OF SUCH AIRPORT WORKERS. PRIOR TO EMPLOYING ANY
AIRPORT WORKERS TO PERFORM CLEANING AND RELATED SERVICES, SECURITY
RELATED SERVICES, IN TERMINAL AND PASSENGER HANDLING SERVICES, AIRLINE
CATERING, OR AIRPORT LOUNGE SERVICES, AT A COVERED AIRPORT LOCATION, ANY
SUCCESSOR AIRPORT EMPLOYER SHALL OBTAIN THE APPLICABLE DECEMBER THIRTI-
ETH, TWO THOUSAND TWENTY BENCHMARK FROM THE COMMISSIONER AND SUBMIT TO
THE COMMISSIONER AN AFFIRMATION THAT SUCH EMPLOYER WILL ENSURE THAT THE
NUMBER OF COVERED AIRPORT WORKERS IT EMPLOYS AT A COVERED AIRPORT
LOCATION BETWEEN JULY FIRST, TWO THOUSAND TWENTY-ONE AND DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-TWO IS NO LESS THAN THE DECEMBER THIRTI-
ETH, TWO THOUSAND TWENTY BENCHMARK.
2. EACH EMPLOYER OF ANY COVERED AIRPORT WORKER EMPLOYED AT A COVERED
AIRPORT LOCATION ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE
SHALL SUBMIT TO THE COMMISSIONER, IN A FORM AND MANNER PROSCRIBED BY THE
COMMISSIONER, A SWORN STATEMENT AFFIRMING THAT SUCH EMPLOYER WILL
ENSURE, WHERE APPLICABLE, THAT THE PROPORTION OF COVERED AIRPORT WORKERS
IN EACH CLASSIFICATION IT EMPLOYS TO WORK AN AVERAGE OF AT LEAST THIRTY
HOURS PER WEEK AT A COVERED AIRPORT LOCATION IS THE SAME AS SUCH PROPOR-
TION WAS COMPARED TO ALL WORKERS IN THE SAME CLASSIFICATION WORKING AT
SUCH COVERED AIRPORT LOCATION IN THE CALENDAR YEAR TWO THOUSAND NINETEEN
WORKFORCE. THE COMMISSIONER SHALL PUBLISH A LIST OF ALL COVERED CLASSI-
FICATIONS WITH THE CORRESPONDING PROPORTIONS OF ALL WORKERS EMPLOYED TO
WORK AN AVERAGE OF AT LEAST THIRTY HOURS A WEEK COMPARED TO ALL WORKERS
IN THE SAME CLASSIFICATION EMPLOYED TO WORK AT EACH COVERED AIRPORT
LOCATION IN THE CALENDAR YEAR TWO THOUSAND NINETEEN. THE COMMISSIONER
SHALL BE EMPOWERED TO PROMULGATE RULES OR REGULATIONS TO DETERMINE THE
METHOD AND ACCOUNTING FOR SUCH INFORMATION AND TO VERIFY ITS ACCURACY,
INCLUDING THE ABILITY TO ESTABLISH A PRESUMED PROPORTION WHERE RECORDS
ARE MISSING OR UNAVAILABLE AND PROVIDED FURTHER THAT SUCH FULL-TIME
LEVELS SHALL BE NO LESS THAN SUCH DECEMBER THIRTIETH, TWO THOUSAND TWEN-
TY BENCHMARK. IF SUCH PROPORTION IS NOT MAINTAINED, CONSISTENT WITH SUCH
RULES OR REGULATIONS PROMULGATED BY THE COMMISSIONER, THEN THE HOURS
WORKED BY SUCH PART TIME WORKERS, WHICH ARE OUTSIDE OF SUCH PROPORTION,
SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION AS IF THEY WORKED AN
AVERAGE OF AT LEAST THIRTY HOURS PER WEEK AT A COVERED AIRPORT LOCATION
AND WERE OTHERWISE A COVERED AIRPORT WORKER.
3. EACH EMPLOYER OF A COVERED AIRPORT WORKER EMPLOYED AT A COVERED
AIRPORT LOCATION ON DECEMBER THIRTIETH, TWO THOUSAND TWENTY AND WHO IS
WORKING AN AVERAGE OF AT LEAST THIRTY HOURS PER WEEK SHALL PROVIDE SUCH
COVERED AIRPORT WORKER THE ABILITY TO BEGIN OR CHANGE ENROLLMENT IN AN
ELIGIBLE EMPLOYER-SPONSORED PLAN AS DEFINED IN TREASURY REGULATION
S. 4001 9
SECTION 1.5000A-2(C)(1) FOR COVERAGE BEGINNING ON JULY FIRST, TWO THOU-
SAND TWENTY-ONE.
4. EACH EMPLOYER OF ANY OTHER COVERED AIRPORT WORKER AT A COVERED
AIRPORT LOCATION SHALL PROVIDE SUCH COVERED AIRPORT WORKER THE ABILITY
TO BEGIN OR CHANGE ENROLLMENT IN AN ELIGIBLE EMPLOYER-SPONSORED PLAN AS
DEFINED IN TREASURY REGULATION SECTION 1.5000A-2(C)(1) FOR COVERAGE
BEGINNING NO LATER THAN THIRTY DAYS AFTER BECOMING A COVERED AIRPORT
WORKER.
§ 696-C. MINIMUM WAGE RATE FOR COVERED AIRPORT WORKERS. ALL COVERED
EMPLOYERS SHALL ENSURE THAT EVERY COVERED AIRPORT WORKER IS COMPENSATED
AT A RATE THAT IS NO LESS THAN THE APPLICABLE STANDARD RATE. NOTHING IN
THIS ARTICLE SHALL ALTER OR LIMIT ANY EMPLOYER'S OBLIGATION TO PAY ANY
OTHERWISE APPLICABLE PREVAILING WAGE UNDER ARTICLE EIGHT OR NINE OF THIS
CHAPTER.
§ 696-D. COMMISSIONER'S POWERS OF INVESTIGATION. THE COMMISSIONER OR
HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO:
1. INVESTIGATE THE COMPENSATION OF COVERED AIRPORT WORKERS IN THE
STATE;
2. ENTER THE PLACE OF BUSINESS OR EMPLOYMENT OF ANY EMPLOYER FOR THE
PURPOSE OF (A) EXAMINING AND INSPECTING ANY AND ALL BOOKS, REGISTERS,
PAYROLLS, AND OTHER RECORDS THAT IN ANY WAY RELATE TO OR HAVE A BEARING
UPON THE COMPENSATION PROVIDED TO, OR THE HOURS WORKED BY ANY EMPLOYEES,
AND (B) ASCERTAINING WHETHER THE PROVISIONS OF THIS ARTICLE AND THE
RULES AND REGULATIONS PROMULGATED HEREUNDER ARE BEING COMPLIED WITH; AND
3. REQUIRE FROM ANY EMPLOYER FULL AND CORRECT STATEMENTS AND REPORTS
IN WRITING, AT SUCH TIMES AS THE COMMISSIONER MAY DEEM NECESSARY, OF THE
COMPENSATION PROVIDED TO AND THE HOURS BY SUCH EMPLOYER'S EMPLOYEES.
§ 696-E. RECORDS OF EMPLOYERS. FOR EVERY EMPLOYEE COVERED BY THIS
ARTICLE, EVERY EMPLOYER SHALL ESTABLISH, MAINTAIN, AND PRESERVE FOR NOT
LESS THAN SIX YEARS CONTEMPORANEOUS, TRUE, AND ACCURATE PAYROLL RECORDS
SHOWING FOR EACH WEEK WORKED THE HOURS WORKED, THE COMPENSATION
PROVIDED, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
AND NECESSARY. FOR ALL COVERED AIRPORT WORKERS WHO ARE NOT EXEMPT FROM
OVERTIME COMPENSATION AS ESTABLISHED IN THE COMMISSIONER'S MINIMUM WAGE
ORDERS OR OTHERWISE PROVIDED BY LAW, RULE, OR REGULATION, THE PAYROLL
RECORDS SHALL INCLUDE THE COMPENSATION PROVIDED AND THE REGULAR HOURLY
RATE OR RATES OF PAY, THE OVERTIME RATE OR RATES OF PAY, THE NUMBER OF
REGULAR HOURS WORKED, THE NUMBER OF OVERTIME HOURS WORKED AND THE COST
OF BENEFITS AND/OR BENEFIT SUPPLEMENTS. ON DEMAND, THE EMPLOYER SHALL
FURNISH TO THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE
A SWORN STATEMENT OF THE HOURS WORKED, RATE OR RATES OF COMPENSATION,
FOR EACH COVERED AIRPORT WORKER, PLUS SUCH OTHER INFORMATION AS THE
COMMISSIONER DEEMS MATERIAL AND NECESSARY. EVERY EMPLOYER SHALL KEEP
SUCH RECORDS OPEN TO INSPECTION BY THE COMMISSIONER OR HIS OR HER DULY
AUTHORIZED REPRESENTATIVE AT ANY REASONABLE TIME. EVERY EMPLOYER OF A
COVERED AIRPORT WORKER SHALL KEEP A DIGEST AND SUMMARY OF THIS ARTICLE
WHICH SHALL BE PREPARED BY THE COMMISSIONER, POSTED IN A CONSPICUOUS
PLACE IN HIS OR HER ESTABLISHMENT AND SHALL ALSO KEEP POSTED SUCH ADDI-
TIONAL COPIES OF SAID DIGEST AND SUMMARY AS THE COMMISSIONER PRESCRIBES.
EMPLOYERS SHALL, ON REQUEST, BE FURNISHED WITH COPIES OF THIS ARTICLE
AND OF ORDERS, AND OF DIGESTS AND SUMMARIES THEREOF, WITHOUT CHARGE.
EMPLOYERS SHALL PERMIT THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED
REPRESENTATIVE TO QUESTION WITHOUT INTERFERENCE ANY EMPLOYEE OF SUCH
EMPLOYER IN A PRIVATE LOCATION AT THE PLACE OF EMPLOYMENT AND DURING
WORKING HOURS IN RESPECT TO THE WAGES PAID TO AND THE HOURS WORKED BY
SUCH EMPLOYEE OR OTHER EMPLOYEES.
S. 4001 10
§ 696-F. PENALTIES. 1. IF THE COMMISSIONER FINDS THAT ANY EMPLOYER HAS
VIOLATED ANY PROVISION OF THIS ARTICLE OR OF A RULE OR REGULATION
PROMULGATED THEREUNDER, THE COMMISSIONER MAY, AFTER AN OPPORTUNITY FOR A
HEARING, AND BY AN ORDER WHICH SHALL DESCRIBE PARTICULARLY THE NATURE OF
THE VIOLATION, ASSESS THE EMPLOYER A CIVIL PENALTY OF NOT MORE THAN TEN
THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION WITHIN SIX YEARS, NOT MORE
THAN TWENTY THOUSAND DOLLARS FOR A SECOND VIOLATION WITHIN SIX YEARS AND
NOT MORE THAN FIFTY THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION
WITHIN SIX YEARS. SUCH PENALTY SHALL BE PAID TO THE COMMISSIONER FOR
DEPOSIT IN THE TREASURY OF THE STATE. IN ASSESSING THE AMOUNT OF THE
PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE SIZE OF
THE EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY OF
THE VIOLATION, THE HISTORY OF PREVIOUS VIOLATIONS AND THE FAILURE TO
COMPLY WITH RECORD-KEEPING OR OTHER REQUIREMENTS.
2. ANY ORDER ISSUED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE
DEEMED A FINAL ORDER OF THE COMMISSIONER AND NOT SUBJECT TO REVIEW BY
ANY COURT OR AGENCY UNLESS THE EMPLOYER FILES A PETITION WITH THE INDUS-
TRIAL BOARD OF APPEALS FOR A REVIEW OF THE ORDER, PURSUANT TO SECTION
ONE HUNDRED ONE OF THIS CHAPTER.
3. THE CIVIL PENALTY PROVIDED FOR IN THIS SECTION SHALL BE IN ADDITION
TO AND MAY BE IMPOSED CONCURRENTLY WITH ANY OTHER REMEDY OR PENALTY
PROVIDED FOR IN THIS CHAPTER.
4. UPON A SHOWING BY AN EMPLOYEE ORGANIZATION, THE COMMISSIONER MAY
INVESTIGATE BY EXAMINING PAYROLL RECORDS WHETHER AN EMPLOYER WITHHELD
HOURS OF WORK TO EMPLOYEES FOR THE PURPOSE OF REDUCING THE EMPLOYER'S
OBLIGATIONS UNDER THIS ARTICLE. IF, AFTER THE OPPORTUNITY FOR A HEARING,
THE COMMISSIONER DETERMINES THAT AN EMPLOYER WITHHELD HOURS OF WORK TO
EMPLOYEES FOR THE PURPOSE OF REDUCING THE EMPLOYER'S OBLIGATIONS UNDER
THIS ARTICLE, THE COMMISSIONER MAY, IN ADDITION TO ANY OTHER PENALTY
AVAILABLE, ALSO REQUIRE THAT THE EMPLOYER PAY THE STANDARD BENEFITS
SUPPLEMENT RATE TO ALL OF THE EMPLOYER'S EMPLOYEES, REGARDLESS OF THE
NUMBER OF HOURS WORKED BY THE EMPLOYEES.
§ 696-G. CIVIL ACTION. 1. ON BEHALF OF ANY EMPLOYEE PAID LESS THAN THE
APPLICABLE STANDARD RATE TO WHICH THE EMPLOYEE IS ENTITLED UNDER THE
PROVISIONS OF THIS ARTICLE, THE COMMISSIONER MAY BRING ANY LEGAL ACTION
NECESSARY, INCLUDING ADMINISTRATIVE ACTION, TO COLLECT SUCH CLAIM, AND
THE EMPLOYER SHALL BE REQUIRED TO PAY THE FULL AMOUNT OF THE UNDERPAY-
MENT, PLUS COSTS, AND UNLESS THE EMPLOYER PROVES A GOOD FAITH BASIS TO
BELIEVE THAT ITS UNDERPAYMENT WAS IN COMPLIANCE WITH THE LAW, AN ADDI-
TIONAL AMOUNT AS LIQUIDATED DAMAGES. LIQUIDATED DAMAGES SHALL BE CALCU-
LATED BY THE COMMISSIONER AS NO MORE THAN ONE HUNDRED PERCENT OF THE
TOTAL AMOUNT OF UNDERPAYMENTS FOUND TO BE DUE THE EMPLOYEE. IN ANY
ACTION BROUGHT BY THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION,
LIQUIDATED DAMAGES SHALL BE CALCULATED AS AN AMOUNT EQUAL TO ONE HUNDRED
PERCENT OF UNDERPAYMENTS FOUND TO BE DUE THE EMPLOYEE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER
UPON A LIABILITY IMPOSED BY THIS ARTICLE MUST BE COMMENCED WITHIN SIX
YEARS. THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE AN
EMPLOYEE FILES A COMPLAINT WITH THE COMMISSIONER OR THE COMMISSIONER
COMMENCES AN INVESTIGATION, WHICHEVER IS EARLIER, UNTIL AN ORDER TO
COMPLY ISSUED BY THE COMMISSIONER BECOMES FINAL, OR WHERE THE COMMIS-
SIONER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER
NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS CONCLUDED.
3. IN ANY CIVIL ACTION BY THE COMMISSIONER, THE COMMISSIONER SHALL
HAVE THE RIGHT TO COLLECT ATTORNEYS' FEES AND COSTS INCURRED IN ENFORC-
ING ANY COURT JUDGMENT. ANY JUDGMENT OR COURT ORDER AWARDING REMEDIES
S. 4001 11
UNDER THIS SECTION SHALL PROVIDE THAT IF ANY AMOUNTS REMAIN UNPAID UPON
THE EXPIRATION OF NINETY DAYS FOLLOWING ISSUANCE OF JUDGMENT, OR NINETY
DAYS AFTER EXPIRATION OF THE TIME TO APPEAL AND NO APPEAL THEREFROM IS
THEN PENDING, WHICHEVER IS LATER, THE TOTAL AMOUNT OF JUDGMENT SHALL
AUTOMATICALLY INCREASE BY FIFTEEN PERCENT.
§ 696-H. REGULATIONS. 1. THE COMMISSIONER MAY PROMULGATE SUCH REGU-
LATIONS AS HE OR SHE DEEMS APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS
ARTICLE AND TO SAFEGUARD MINIMUM COMPENSATION STANDARDS.
§ 696-I. SAVINGS CLAUSE. 1. IF ANY PROVISION OF THIS ARTICLE OR THE
APPLICATION THEREOF TO ANY PERSON, OCCUPATION OR CIRCUMSTANCE IS HELD
INVALID, THE REMAINDER OF THE ARTICLE AND THE APPLICATION OF SUCH
PROVISION TO OTHER PERSONS, EMPLOYEES, OCCUPATIONS, OR CIRCUMSTANCES
SHALL NOT BE AFFECTED THEREBY.
2. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF
THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO
BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY
INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT
THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD
NOT BEEN INCLUDED HEREIN.
3. IF SECTION SIX HUNDRED NINETY-SIX-A, SECTION SIX HUNDRED NINETY-
SIX-B, OR SECTION SIX HUNDRED NINETY-SIX-C OF THIS ARTICLE OR ANY
PORTION THEREOF SHALL BE ADJUDGED, WHETHER BY FINAL JUDGMENT, A TEMPO-
RARY RESTRAINING ORDER, OR A PRELIMINARY INJUNCTION, BY ANY COURT OF
COMPETENT JURISDICTION TO BE PREEMPTED BY FEDERAL LAW, THEN THE "STAND-
ARD BENEFITS SUPPLEMENT RATE" DEFINED IN SUBDIVISION SIX OF SECTION SIX
HUNDRED NINETY-SIX-A OF THIS ARTICLE SHALL IMMEDIATELY MEAN THE FOLLOW-
ING:
(A) 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 BEGINNING ON JULY FIRST, TWO THOUSAND TWENTY-ONE IN
ONE OF THE FOLLOWING WAYS: (I) IN THE FORM OF HEALTH AND/OR OTHER BENE-
FITS, NOT INCLUDING PAID LEAVE, THAT COST THE EMPLOYER THE ENTIRE
REQUIRED HOURLY SUPPLEMENTAL AMOUNT; (II) BY PROVIDING A PORTION OF THE
REQUIRED HOURLY SUPPLEMENT IN THE FORM OF HEALTH AND/OR OTHER BENEFITS,
NOT INCLUDING PAID LEAVE, AND THE BALANCE IN CASH; OR (III) BY PROVIDING
THE ENTIRE SUPPLEMENT IN CASH.
(B) THE VALUE OF SUCH SUPPLEMENT SHALL BE NO LESS THAN FOUR DOLLARS
AND FIFTY-FOUR CENTS PER HOUR.
(C) 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.
(D) 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.
4. IF SECTION SIX HUNDRED NINETY-SIX-A, SECTION SIX HUNDRED NINETY-
SIX-B, OR SECTION SIX HUNDRED NINETY-SIX-C OF THIS ARTICLE OR ANY
PORTION THEREOF SHALL BE ADJUDGED BY ANY PRELIMINARY RELIEF, INCLUDING A
TEMPORARY RESTRAINING ORDER OR A PRELIMINARY INJUNCTION, BY ANY COURT OF
COMPETENT JURISDICTION TO BE PREEMPTED BY FEDERAL LAW BUT IS LATER
ADJUDGED BY THE SAME COURT NOT TO BE PREEMPTED BY FEDERAL LAW IN A FINAL
JUDGMENT, THEN THE DEFINITION OF "STANDARD BENEFITS SUPPLEMENT RATE"
S. 4001 12
SHALL IMMEDIATELY REVERT TO THE DEFINITION STATED IN SUBDIVISION SIX OF
SECTION SIX HUNDRED NINETY-SIX-A OF THIS ARTICLE.
§ 17. Section 14 of a chapter of the laws of 2020 relating to enacting
the "healthy terminals act", as proposed in legislative bills numbers S.
6266-D and A. 8142-E is REPEALED.
§ 18. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020 amending the labor law relating
to enacting the "healthy terminals act", as proposed in legislative
bills numbers S.6266-D and A.8142-E, takes effect; provided, however
that the commissioner of labor shall begin no investigation of compli-
ance with this act before July 1, 2021 and no order issued pursuant to
this act shall include any time period before July 1, 2021. Effective
immediately, the commissioner of labor may request documents or the
preservation of documents relative to payroll and employee health plans
for purposes of determining appropriate standards for full-time or part-
time work.
