§ 696-I — Savings clause

* § 696-i. Savings clause. 1. If any provision of this article or the\napplication thereof to any person, occupation or circumstance is held\ninvalid, the remainder of the article and the application of such\nprovision to other persons, employees, occupations, or circumstances\nshall not be affected thereby.\n 2. If any clause, sentence, paragraph, subdivision, section or part of\nthis article shall be adjudged by any court of competent jurisdiction to\nbe invalid, such judgment shall not affect, impair, or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, paragraph, subdivision, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered. It is hereby declared to be the intent of the legislature that\nthis article would have been enacted even if such invalid provisions had\nnot been included herein.\n 3. If section six hundred ninety-six-a, section six hundred\nninety-six-b, or section six hundred ninety-six-c of this article or any\nportion thereof shall be adjudged, whether by final judgment, a\ntemporary restraining order, or a preliminary injunction, by any court\nof competent jurisdiction to be preempted by federal law, then the\n"standard benefits supplement rate" defined in subdivision six of\nsection six hundred ninety-six-a of this article shall immediately mean\nthe following:\n (a) An hourly supplement of four dollars and fifty-four cents\nfurnished to an employee by providing at least four dollars and\nfifty-four cents per hour beginning on July first, two thousand\ntwenty-one in one of the following ways: (i) in the form of health\nand/or other benefits, not including paid leave, that cost the employer\nthe entire required hourly supplemental amount; (ii) by providing a\nportion of the required hourly supplement in the form of health and/or\nother benefits, not including paid leave, and the balance in cash; or\n(iii) by providing the entire supplement in cash.\n (b) The value of such supplement shall be no less than four dollars\nand fifty-four cents per hour.\n (c) The standard benefits supplement rate shall apply only to the\nfirst forty hours worked by each covered airport worker in each week and\nshall not apply to any overtime hours worked by any covered airport\nworker.\n (d) The standard benefits supplement rate shall apply to any paid\nleave taken by a covered airport worker that does not exceed forty hours\nin a week.\n 4. If section six hundred ninety-six-a, section six hundred\nninety-six-b, or section six hundred ninety-six-c of this article or any\nportion thereof shall be adjudged by any preliminary relief, including a\ntemporary restraining order or a preliminary injunction, by any court of\ncompetent jurisdiction to be preempted by federal law but is later\nadjudged by the same court not to be preempted by federal law in a final\njudgment, then the definition of "standard benefits supplement rate"\nshall immediately revert to the definition stated in subdivision six of\nsection six hundred ninety-six-a of this article.\n * NB Effective until January 1, 2026\n