Legislation

§ 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 work related to the preparation
or delivery of food for consumption on airplanes departing from John F.
Kennedy International Airport or LaGuardia Airport.

2. (a) "Covered airport worker" means any person employed to perform
work at a covered airport location.

(b) "Covered airport worker" shall include any person employed to
perform work at a covered airport location, provided at least half of
the employee's time during any workweek is performed at a covered
airport location.

(c) "Covered airport worker" shall 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 (29 U.S.C. s.213 et seq.), or persons employed by
the Port Authority of New York and New Jersey or any other governmental
agency.

3. "Successor airport employer" means any employer that employs
covered airport workers who provide services at a covered airport
location that are substantially similar to those that were provided by
covered airport workers previously employed by another employer at such
covered airport location.

4. "Employer" means any person, corporation, limited liability
company, or association employing any individual in an occupation,
industry, trade, business or service. The term "employer" shall not
include a governmental agency or employers with ten or fewer employees.

5. The "applicable standard rate" means the wage and benefit rates
designated by the commissioner based on the determinations made by the
General Services Administration pursuant to the federal McNamara-O'Hara
Service Contract Act of 1965 (41 U.S.C. 6701 et seq.), for the
appropriate localities and classifications of building service
employees; provided, however, that in no event shall the prevailing wage
rate applicable to a covered airport worker on and after January first,
two thousand twenty-five and every year thereafter be less than the
following:

(a) any otherwise applicable minimum wage rate established through a
regulation of the Port Authority of New York and New Jersey; and

(b) an amount of supplemental wages or a supplemental healthcare
contribution equal to the rate for health and welfare for all
occupations, designated by the commissioner 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 situated and in effect
on the date of the designation by the commissioner; and

(c) paid leave equal to the paid leave requirements designated by the
commissioner the immediately preceding January first, based on the
determinations made by the General Services Administration pursuant to
the McNamara-O'Hara Service Contract Act of 1965 (41 U.S.C. 6701 et
seq.).

6. "Commissioner" means the commissioner of labor of the state of New
York.