* § 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 airline catering work as such\nwork is described in subparagraph (iv) of paragraph (a) of subdivision\ntwo of this section.\n 2. (a) "Covered airport worker" means any person employed to perform\nwork at a covered airport location provided at least one-half of the\nemployee's time during any workweek is performed at a covered airport\nlocation and who works in one of the following covered categories:\n (i) Cleaning and related services, which shall mean:\n (1) building cleaning, including warehouse, kitchen, and terminal\ncleaning, including common areas, gateways, gates, lounges, clubs,\nconcession areas, terminal entryways from ramp and where planes park at\nthe gate, and other nearby facilities used for the preparation,\npackaging, and storage of inflight meals and supplies; and\n (2) aircraft and cabin cleaning, including lavatory and water disposal\nand replenishment, lift truck driving and helping, dispatching, cleaning\ncrew driving, and sorting and packing of inflight materials, such as\nblankets, pillows, and magazines;\n (ii) Security related services, including catering security,\nescorting, escort security, passenger aircraft security, fire guarding,\nterminal security, baggage security, traffic security, cargo screening,\nincluding guarding, warehouse security, concessions and airport lounge\nsecurity, security dispatch, and security at nearby facilities used for\nthe preparation, packaging, and storage of inflight meals; or\n (iii) In terminal and passenger handling services, including baggage\nhandling, sky cap services, wheelchair attending, wheelchair\ndispatching, customer and passenger services, line queue, identification\nchecking, porter services for baggage, and passenger and employee\nshuttle driving.\n (iv) Airline catering, including work related to the preparation or\ndelivery of food or beverage for consumption on airplanes departing from\na covered airport location or related location; or\n (v) Airport lounge services, including food and retail services.\n (b) "Covered airport worker" shall not include anyone who works in one\nof the following non-covered categories:\n (i) Non-cleaning and security related cargo and ramp services,\nincluding ramp baggage and cargo handling, load control and ramp\ncommunication, aircraft mechanics and fueling of aircraft, provision of\ncooling, heating, and power, passenger aircraft servicing, cabin\nequipment maintenance, guiding aircraft in and out of gates, and gate\nside aircraft maintenance;\n (ii) Ramp and tarmac maintenance services, including operation of snow\nplows, ramp cleaning vehicles, and tarmac sweepers;\n (iii) Concession services, including food service, which includes food\nand beverage service, wait service, and cashiers, and retail service,\nwhich includes news, and gifts, and duty-free;\n (c) "Covered airport worker" shall not include direct employees of the\nPort Authority of New York and New Jersey, or any workers hired by\ncompanies contracted by the Port Authority of New York and New Jersey,\nthat are performing work under such contract.\n (d) Covered airport worker shall include only:\n (i) Employees employed at a covered airport location on December\nthirtieth, two thousand twenty and who are working an average of at\nleast thirty hours per week; and\n (ii) Employees employed at a covered airport location on or after\nJanuary first, two thousand twenty-three and who are working for an\naverage of thirty hours per week.\n (e) "Covered airport worker" shall also not include persons employed\nin an executive, administrative, or professional capacity as defined in\nsubparagraph one of paragraph (a) of section thirteen of the Fair Labor\nStandards Act of 1938.\n 3. "Successor airport employer" means any person who furnishes\ncleaning and related services, security related services, in terminal\nand passenger handling services, airline catering, or airport lounge\nservices at a covered airport location that are substantially similar to\nthose that were provided by covered airport workers previously employed\nby another employer at such covered 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.\n 5. The "standard wage rate" means the greater of:\n (a) any minimum wage rate that would be otherwise applicable to\ncovered airport workers established by article nineteen of this chapter;\nor\n (b) any otherwise applicable minimum wage rate established through a\npolicy of the Port Authority of New York and New Jersey.\n 6. The "standard benefits supplement rate" means an hourly supplement\nof four dollars and fifty-four cents furnished to an employee by\nproviding at least four dollars and fifty-four cents per hour toward the\ncost of minimum essential coverage under an eligible employer-sponsored\nplan as defined in treasury regulation section 1.5000A-2(c)(1) beginning\non July first, two thousand twenty-one. The standard benefits supplement\nrate shall apply only to the first forty hours worked by each covered\nairport worker in each week and shall not apply to any overtime hours\nworked by any covered airport worker. The standard benefits supplement\nrate shall apply to any paid leave taken by a covered airport worker\nthat does not exceed forty hours in a week.\n 7. The "applicable standard rate" shall mean a combination of (a) the\nstandard wage rate; and (b) the standard benefits supplemental rate.\n * NB Effective until January 1, 2026\n * § 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 * NB Effective January 1, 2026\n
§ 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
