§ 696-A — Definitions

New York § 696-A

• Jurisdiction: New York
• Law LAB: Labor
• Art. 19-D: Minimum Wage Rates For Covered Airport Workers

Text

§ 696-a. Definitions. As used in this article: 1. "Covered airport\nlocation" means John F. Kennedy International Airport and LaGuardia\nAirport or any location used to perform work related to the preparation\nor delivery of food for consumption on airplanes departing from John F.\nKennedy International Airport or LaGuardia Airport.\n 2. (a) "Covered airport worker" means any person employed to perform\nwork at a covered airport location.\n (b) "Covered airport worker" shall include any person employed to\nperform work at a covered airport location, provided at least half of\nthe employee's time during any workweek is performed at a covered\nairport location.\n (c) "Covered airport worker" shall not include persons employed in an\nexecutive, administrative, or professional capacity as defined in\nsubparagraph one of paragraph (a) of section thirteen of the Fair Labor\nStandards Act of 1938 (29 U.S.C. s.213 et seq.), or persons employed by\nthe Port Authority of New York and New Jersey or any other governmental\nagency.\n 3. "Successor airport employer" means any employer that employs\ncovered airport workers who provide services at a covered airport\nlocation that are substantially similar to those that were provided by\ncovered airport workers previously employed by another employer at such\ncovered airport location.\n 4. "Employer" means any person, corporation, limited liability\ncompany, or association employing any individual in an occupation,\nindustry, trade, business or service. The term "employer" shall not\ninclude a governmental agency or employers with ten or fewer employees.\n 5. The "applicable standard rate" means the wage and benefit rates\ndesignated by the commissioner based on the determinations made by the\nGeneral Services Administration pursuant to the federal McNamara-O'Hara\nService Contract Act of 1965 (41 U.S.C. 6701 et seq.), for the\nappropriate localities and classifications of building service\nemployees; provided, however, that in no event shall the prevailing wage\nrate applicable to a covered airport worker on and after January first,\ntwo thousand twenty-five and every year thereafter be less than the\nfollowing:\n (a) any otherwise applicable minimum wage rate established through a\nregulation of the Port Authority of New York and New Jersey; and\n (b) an amount of supplemental wages or a supplemental healthcare\ncontribution equal to the rate for health and welfare for all\noccupations, designated by the commissioner based on the determinations\nmade by the federal department of labor pursuant to the McNamara-O'Hara\nService Contract Act of 1965 (41 U.S.C. 6701 et seq.) for the geographic\nregion in which the covered airport location is situated and in effect\non the date of the designation by the commissioner; and\n (c) paid leave equal to the paid leave requirements designated by the\ncommissioner the immediately preceding January first, based on the\ndeterminations made by the General Services Administration pursuant to\nthe McNamara-O'Hara Service Contract Act of 1965 (41 U.S.C. 6701 et\nseq.).\n 6. "Commissioner" means the commissioner of labor of the state of New\nYork.\n