NY Lab L § 696-A (2021)
2021 New York Laws LAB - Labor Article 19-D - Minimum Wage Rates for Covered Airport Workers 696-A - Definitions.

§  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, packaging, 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, escorting, escort security, passenger aircraft security, fire  guarding, terminal  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 dispatching, customer and passenger services, line queue, identification checking, 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, including  ramp  baggage  and  cargo  handling,  load  control  and ramp communication, aircraft mechanics and fueling of aircraft, provision  of cooling,   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 thirtieth,  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 cleaning 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 company, 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 providing 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.