2023 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.