NY Lab L § 696-B (2021)
2021 New York Laws LAB - Labor Article 19-D - Minimum Wage Rates for Covered Airport Workers 696-B - Certification to the Commissioner.

§  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   certifying 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 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  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 thirtieth, 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 thirty-first, two thousand twenty-two is no less   than the December thirtieth, 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   proportion  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 classifications 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 twenty 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   thousand 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.