2023 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.