S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3020--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Labor -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the labor law in relation to removing certain provisions
   relating  to  covered airport workers; and in relation to minimum wage
   rates for covered airport workers; to repeal certain provisions of the
   labor law relating thereto; and to repeal section 14 of 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 relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds that
 the airports of John F.  Kennedy  International  Airport  and  LaGuardia
 Airport  operating  under  the jurisdiction of the Port Authority of New
 York and New Jersey are some of the most heavily trafficked  transporta-
 tion centers in the world, and are vital not just to the economic health
 of  the  state but to the world. The legislature further determines that
 there is a unique public interest in the operation of the airline indus-
 try with the critical  role  of  airport  workers  during  the  COVID-19
 pandemic,  where  airport  workers  have  been  placed into contact with
 members of the public in an often uncontrolled manner. Due to such find-
 ings, the legislature hereby declares that the  access  to  health  care
 provided  in this bill is intended to provide a health care benefit that
 ensures the health and safety of workers employed  at  John  F.  Kennedy
 International Airport and LaGuardia Airport is protected.
   §  2. The article heading of article 9 of the labor law, as amended by
 a chapter of the laws of 2020 amending the labor law relating to  enact-
 ing  the  "healthy  terminals  act",  as  proposed  in legislative bills
 numbers S.6266-D and A.8142-E, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08714-02-1
              

 A. 3020--A                          2
 
   PREVAILING WAGE FOR BUILDING SERVICE EMPLOYEES  [AND  COVERED  AIRPORT
 WORKERS]
   §  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

 A. 3020--A                          3

 contractor   shall   keep  original  payrolls  or  transcripts  thereof,
 subscribed and confirmed by him as true,  under  penalties  of  perjury,
 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

 A. 3020--A                          4
 
 local  law,  ordinance,  charter  or administrative code, [an] A SERVICE
 employee shall not be barred from his right to  recover  the  difference
 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

 A. 3020--A                          5
 
 as provided for in this article, any contractor who, after entering into
 such contract, and any subcontractor of such contractor who fails to pay
 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

 A. 3020--A                          6
 
 duty  of the public agency in charge of such service work to enforce the
 provisions of this article.
   [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:

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   (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-
 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.

 A. 3020--A                          8

   § 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
 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.

 A. 3020--A                          9
 
   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
 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.

 A. 3020--A                         10
 
 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.
   § 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-

 A. 3020--A                         11
 
 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
 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

 A. 3020--A                         12

 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"
 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.