2023 New York Laws › LAB - Labor › Article 19-D - Minimum Wage Rates for Covered Airport Workers › 696-I - Savings Clause.

§  696-i.  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
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
temporary restraining order, or a preliminary injunction, by  any  court
of  competent  jurisdiction  to  be  preempted  by federal law, then the
"standard benefits  supplement  rate"  defined  in  subdivision  six  of
section  six hundred ninety-six-a of this article shall immediately mean
the following:
(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 benefits, 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.