Assembly Bill A6867

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6867
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:

   Section 1. Article 19-D of the labor law, as added by  chapter  88  of
 the laws of 2021, is amended to read as follows:
                               ARTICLE 19-D
            [MINIMUM] PREVAILING WAGE RATES FOR COVERED AIRPORT
                                  WORKERS
 Section 696-a. Definitions.
         696-b. [Certification  to  the commissioner] PREVAILING WAGE FOR
                  COVERED AIRPORT WORKERS.
         696-c. [Minimum wage rate for covered airport workers] OVERTIME.
         696-d. [Commissioner's powers of investigation]  POWERS  OF  THE
                  FISCAL OFFICER.
         696-e. Records of employers.
         696-f. Penalties.
         696-g. Civil action.
         696-h. Regulations.
         696-i. ENFORCEMENT OF ARTICLE.
         696-J. Savings clause.
   §  696-a.  Definitions.  As  used in this article: 1. "Covered airport
 location" means [John F. Kennedy  International  Airport  and  LaGuardia
 Airport]  ANY  AIRPORT  OPERATING  UNDER  THE  JURISDICTION  OF THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY WITHIN THE STATE  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]
 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
              

 
 AIRPLANES  DEPARTING FROM ANY AIRPORT OPERATING UNDER  THE  JURISDICTION
 OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY WITHIN THE STATE.
   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-
 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.
 A. 6867                             3

   (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]. "COVERED AIRPORT WORKER" SHALL NOT  INCLUDE  ANY
 PERSON EMPLOYED IN AN EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACI-
 TY AS DEFINED IN 29 U.S.C. 213 (A)(1). "COVERED AIRPORT WORKER" DOES NOT
 INCLUDE  ANY EMPLOYEE TO WHOM THE PROVISIONS OF ARTICLE EIGHT OR EIGHT-A
 OF THIS CHAPTER ARE APPLICABLE.
   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]
   4.    "FISCAL  OFFICER"  MEANS THE INDUSTRIAL COMMISSIONER, EXCEPT FOR
 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.
   §  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
 A. 6867                             4

 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
 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]  PREVAILING WAGE FOR COVERED AIRPORT WORKERS. 1. NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO THE CONTRARY, AS USED
 IN THIS SECTION, THE TERM "WAGE" SHALL MEAN: (A) BASIC HOURLY CASH  RATE
 A. 6867                             5
 
 OF  PAY;  AND  (B) SUPPLEMENTS. THE TERM "SUPPLEMENTS" SHALL MEAN FRINGE
 BENEFITS INCLUDING MEDICAL OR HOSPITAL CARE, PENSIONS ON  RETIREMENT  OR
 DEATH,  COMPENSATION FOR INJURIES OR ILLNESS RESULTING FROM OCCUPATIONAL
 ACTIVITY,  OR  INSURANCE  TO  PROVIDE ANY OF THE FOREGOING, UNEMPLOYMENT
 BENEFITS, LIFE INSURANCE, DISABILITY AND  SICKNESS  INSURANCE,  ACCIDENT
 INSURANCE, AND OTHER BONA FIDE FRINGE BENEFITS NOT OTHERWISE REQUIRED BY
 FEDERAL,  STATE OR LOCAL LAW TO BE PROVIDED BY A COVERED AIRPORT EMPLOY-
 ER.
   2. NOT EARLIER  THAN  JULY  FIRST,  TWO  THOUSAND  TWENTY-FIVE,  EVERY
 COVERED AIRPORT EMPLOYER SHALL PAY A COVERED AIRPORT WORKER WORKING AT A
 COVERED  AIRPORT LOCATION A WAGE OF NOT LESS THAN THE PREVAILING WAGE IN
 THE LOCALITY FOR THE CRAFT, TRADE, OR OCCUPATION OF SUCH COVERED AIRPORT
 WORKER.
   3. THE OBLIGATION OF A COVERED  AIRPORT  EMPLOYER  TO  PAY  PREVAILING
 SUPPLEMENTS  MAY BE DISCHARGED BY FURNISHING ANY EQUIVALENT COMBINATIONS
 OF FRINGE BENEFITS OR BY MAKING EQUIVALENT OR DIFFERENTIAL  PAYMENTS  IN
 CASH UNDER RULES AND REGULATIONS ESTABLISHED BY THE FISCAL OFFICER.
   4. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, RULE, OR REGULATION TO
 THE  CONTRARY,  FOR THE PURPOSES OF THIS ARTICLE "PREVAILING WAGE" SHALL
 MEAN THE WAGE DETERMINED BY THE FISCAL OFFICER TO BE PREVAILING FOR  THE
 VARIOUS  CLASSES  OF  COVERED AIRPORT WORKERS IN THE LOCALITY; PROVIDED,
 HOWEVER, THAT IN NO EVENT SHALL THE  PREVAILING  WAGE  APPLICABLE  TO  A
 COVERED AIRPORT WORKER ON AND AFTER JUNE FIRST, TWO THOUSAND TWENTY-FIVE
 AND EVERY YEAR THEREAFTER BE LESS THAN THE FOLLOWING:
   (A)  ANY  OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 POLICY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; AND
   (B) AN AMOUNT OF WAGES OR SUPPLEMENTS EQUAL TO THE  RATES  FOR  HEALTH
 AND WELFARE AND ADDITIONALLY PAID LEAVE EQUAL TO THE PAID LEAVE REQUIRE-
 MENTS  DESIGNATED BY THE FISCAL OFFICER BASED ON THE DETERMINATIONS MADE
 BY THE FEDERAL DEPARTMENT  OF  LABOR  PURSUANT  TO  THE  MCNAMARA-O'HARA
 SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET SEQ.) FOR THE GEOGRAPHIC
 REGION IN WHICH THE COVERED AIRPORT LOCATION IS LOCATED AND IN EFFECT ON
 THE DATE OF THE DESIGNATION BY THE FISCAL OFFICER.
   5.  ON  OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-FIVE AND EACH SUBSE-
 QUENT JUNE FIRST, THE  FISCAL  OFFICER  SHALL  DESIGNATE  THE  WAGE  AND
 SUPPLEMENTAL  BENEFITS  RATES REQUIRED UNDER THIS SECTION BY CLASSIFICA-
 TION AND REGION IN WHICH EACH COVERED AIRPORT  IS  LOCATED.  THE  FISCAL
 OFFICER SHALL PUBLICLY POST SUCH DESIGNATED WAGE RATE.
   6.  NOTHING  IN  THIS  ARTICLE  SHALL  BE DEEMED TO ALTER OR LIMIT ANY
 EMPLOYER'S OBLIGATION TO PAY ANY OTHERWISE  APPLICABLE  PREVAILING  WAGE
 UNDER ARTICLE EIGHT OF THIS CHAPTER.
   §  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]  OVERTIME.  A  COVERED AIRPORT WORKER WHO WORKS MORE THAN EIGHT
 HOURS IN ANY ONE DAY OR MORE THAN FORTY HOURS IN ANY WORKWEEK  SHALL  BE
 PAID  WAGES  FOR  SUCH OVERTIME AT A RATE NOT LESS THAN ONE AND ONE-HALF
 TIMES THEIR PREVAILING BASIC CASH HOURLY RATE.
   § 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,
 A. 6867                             6

 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.]
 POWERS  OF  THE FISCAL OFFICER.  1. IN ADDITION TO THE POWERS ENUMERATED
 ELSEWHERE IN THIS ARTICLE, THE FISCAL OFFICER SHALL HAVE THE POWER:
   (A) TO CAUSE AN INVESTIGATION  TO  BE  MADE  TO  DETERMINE  THE  WAGES
 PREVAILING  IN  ANY  LOCALITY  IN  ALL  CRAFTS,  TRADES  AND OCCUPATIONS
 INVOLVED IN 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  AGEN-
 CIES;
   (B)  TO  INSTITUTE  AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
 ELSEWHERE IN AID OF THE EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF  THE
 PROVISIONS OF THIS ARTICLE;
   (C)  TO  EXAMINE  THE  BOOKS,  DOCUMENTS AND RECORDS PERTAINING TO THE
 WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY COVERED AIRPORT  WORK-
 ERS;
   (D)  TO  HOLD  THE  HEARINGS  PROVIDED  FOR  IN  THIS  ARTICLE, AND IN
 CONNECTION THEREWITH TO ISSUE SUBPOENAS, ADMINISTER  OATHS  AND  EXAMINE
 WITNESSES. THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS SECTION SHALL
 BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES;
   (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
 NIZED OCCUPATIONAL CATEGORY OF THE COVERED AIRPORT WORKERS AND TO DETER-
 MINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE EMPLOYEES IN SUCH CLAS-
 SIFICATION;
   (F) TO REQUIRE AN EMPLOYER TO FILE WITH THE FISCAL OFFICER A RECORD OF
 THE  WAGES ACTUALLY PAID BY SUCH EMPLOYER TO THE COVERED AIRPORT WORKERS
 AND OF THEIR HOURS OF WORK;
   (G) TO DELEGATE ANY OF THE FOREGOING POWERS TO THEIR DEPUTY  OR  OTHER
 AUTHORIZED REPRESENTATIVE;
   (H)  TO PROVIDE SUCH REASONABLE LIMITATIONS FROM ANY OR ALL PROVISIONS
 OF THIS ARTICLE AS THE FISCAL OFFICER MAY FIND NECESSARY AND  PROPER  IN
 THE  PUBLIC  INTEREST  OR  TO AVOID SERIOUS IMPAIRMENT OF THE CONDUCT OF
 GOVERNMENT BUSINESS; AND
   (I) TO PROPOSE, AND AFTER PUBLIC HEARING HELD BEFORE THE FISCAL  OFFI-
 CER  OR  THEIR  DESIGNEE, TO PROMULGATE SUCH RULES AS THE FISCAL OFFICER
 SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES, RESPON-
 SIBILITIES AND POWERS CONFERRED UPON THEM  BY  THE  PROVISIONS  OF  THIS
 ARTICLE. SUCH RULES MAY ALLOW SUCH REASONABLE VARIATIONS, TOLERANCES AND
 EXEMPTIONS  TO  AND  FROM  ANY  OR ALL PROVISIONS OF THIS ARTICLE AS THE
 FISCAL OFFICER MAY FIND NECESSARY AND PROPER IN THE PUBLIC INTEREST,  OR
 TO AVOID SERIOUS IMPAIRMENT OF THE CONDUCT OF GOVERNMENT BUSINESS.
   2.  FOR  ALL  WORK FOR WHICH THE INDUSTRIAL COMMISSIONER IS THE FISCAL
 OFFICER, THE INDUSTRIAL COMMISSIONER SHALL  ADDITIONALLY  HAVE  ALL  THE
 POWERS GRANTED TO THEM ELSEWHERE IN THIS CHAPTER.
   §  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] FISCAL OFFI-
 CER  deems  material  and necessary. For all covered airport workers who
 A. 6867                             7
 
 are not exempt from overtime compensation as established in the [commis-
 sioner's] FISCAL OFFICER'S minimum wage orders or otherwise provided  by
 law,  rule, or regulation, the payroll records shall include the compen-
 sation  provided  and the regular hourly rate or rates of pay, the over-
 time 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]
 FISCAL OFFICER or [his or her] THEIR 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 [commis-
 sioner] FISCAL OFFICER deems  material  and  necessary.  Every  employer
 shall  keep such records open to inspection by the [commissioner] FISCAL
 OFFICER or [his or her] THEIR  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] FISCAL OFFICER, posted in a conspicuous place in [his  or
 her]  THEIR  establishment  and  shall  also keep posted such additional
 copies of said digest and summary as the [commissioner]  FISCAL  OFFICER
 prescribes.  Employers  shall,  on  request, be furnished with copies of
 this article and of orders, and of digests and summaries thereof,  with-
 out  charge. Employers shall permit the [commissioner] FISCAL OFFICER or
 [his or her] THEIR 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] FISCAL OFFICER finds that
 any  employer has violated any provision of this article or of a rule or
 regulation promulgated thereunder,  the  [commissioner]  FISCAL  OFFICER
 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] FISCAL OFFICER  for  deposit
 in  the  treasury  of the state. In assessing the amount of the penalty,
 the [commissioner] FISCAL OFFICER shall give due  consideration  to  the
 size  of the employer's business, the good faith [of the employer] BASIS
 OF THE EMPLOYER TO BELIEVE THAT ITS CONDUCT WAS IN COMPLIANCE  WITH  THE
 LAW,  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]  FISCAL OFFICER and not
 subject to review by any court or agency unless  the  employer  files  a
 petition with the industrial 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
 A. 6867                             8

 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]  PREVAILING  WAGE  to which the employee is
 entitled under the provisions of this article, the [commissioner] FISCAL
 OFFICER 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 underpayment, plus costs, and unless the employer
 proves  a  good  faith  basis  to  believe  that its underpayment was in
 compliance with the law, an additional  amount  as  liquidated  damages.
 Liquidated  damages  shall  be  calculated  by the [commissioner] FISCAL
 OFFICER 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]  FISCAL  OFFICER  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] FISCAL OFFICER or the
 [commissioner]  FISCAL  OFFICER commences an investigation, whichever is
 earlier, until an order to comply issued by  the  [commissioner]  FISCAL
 OFFICER  becomes  final, or where the [commissioner] FISCAL OFFICER does
 not issue an order, until the date on which  the  [commissioner]  FISCAL
 OFFICER notifies the complainant that the investigation has concluded.
   3.  In  any  civil  action  by  the [commissioner] FISCAL OFFICER, the
 [commissioner] FISCAL OFFICER shall have the right to collect attorneys'
 fees and costs incurred in enforcing 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]  FISCAL OFFICER may
 promulgate such regulations as [he or she deems] THEY  DEEM  appropriate
 to  carry  out  the  purposes  of  this article and to safeguard minimum
 compensation standards.
   § 696-i. ENFORCEMENT OF ARTICLE. IF THE  FISCAL  OFFICER,  AS  DEFINED
 HEREIN,  FINDS THAT ANY EMPLOYER 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.
   §  696-J.  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
 A. 6867                             9
 
 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"
 shall  immediately revert to the definition stated in subdivision six of
 section six hundred ninety-six-a of this article.]
   § 2. This act shall take effect June 1, 2025.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.