N.Y. Lab. Law § 696-b

§ 696-b. Certification to the commissioner. 1. No later than March\nthirty-first, two thousand twenty-one, each employer of a covered\nairport worker shall submit to the commissioner a sworn statement\ncertifying the total number of workers employed by such employer at a\ncovered airport location to perform cleaning and related services,\nsecurity related services, in terminal and passenger handling services,\nairline catering, or airport lounge services, at a covered airport\nlocation on December thirtieth, two thousand twenty, and identifying the\nnumber that is equal to eighty percent of such total number of\nemployees, which shall be the December thirtieth, two thousand twenty\nbenchmark for the purposes of this section. Such statement shall further\ninclude an affirmation that such employer will ensure that the number of\ncovered airport workers it employs at a covered airport location between\nJuly first, two thousand twenty-one and December thirty-first, two\nthousand twenty-two is no less than the December thirtieth, two thousand\ntwenty benchmark. Such sworn statement shall be provided by the\ncommissioner upon request by any airport worker performing cleaning and\nrelated services, security related services, in terminal and passenger\nhandling services, airline catering, or airport lounge services, at a\ncovered airport location or any representative of such airport workers.\nPrior to employing any airport workers to perform cleaning and related\nservices, security related services, in terminal and passenger handling\nservices, airline catering, or airport lounge services, at a covered\nairport location, any successor airport employer shall obtain the\napplicable December thirtieth, two thousand twenty benchmark from the\ncommissioner and submit to the commissioner an affirmation that such\nemployer will ensure that the number of covered airport workers it\nemploys at a covered airport location between July first, two thousand\ntwenty-one and December thirty-first, two thousand twenty-two is no less\nthan the December thirtieth, two thousand twenty benchmark.\n 2. Each employer of any covered airport worker employed at a covered\nairport location on or after January first, two thousand twenty-three\nshall submit to the commissioner, in a form and manner proscribed by the\ncommissioner, a sworn statement affirming that such employer will\nensure, where applicable, that the proportion of covered airport workers\nin each classification it employs to work an average of at least thirty\nhours per week at a covered airport location is the same as such\nproportion was compared to all workers in the same classification\nworking at such covered airport location in the calendar year two\nthousand nineteen workforce. The commissioner shall publish a list of\nall covered classifications with the corresponding proportions of all\nworkers employed to work an average of at least thirty hours a week\ncompared to all workers in the same classification employed to work at\neach covered airport location in the calendar year two thousand\nnineteen. The commissioner shall be empowered to promulgate rules or\nregulations to determine the method and accounting for such information\nand to verify its accuracy, including the ability to establish a\npresumed proportion where records are missing or unavailable and\nprovided further that such full-time levels shall be no less than such\nDecember thirtieth, two thousand twenty benchmark. If such proportion is\nnot maintained, consistent with such rules or regulations promulgated by\nthe commissioner, then the hours worked by such part time workers, which\nare outside of such proportion, shall be subject to the provisions of\nthis section as if they worked an average of at least thirty hours per\nweek at a covered airport location and were otherwise a covered airport\nworker.\n 3. Each employer of a covered airport worker employed at a covered\nairport location on December thirtieth, two thousand twenty and who is\nworking an average of at least thirty hours per week shall provide such\ncovered airport worker the ability to begin or change enrollment in an\neligible employer-sponsored plan as defined in treasury regulation\nsection 1.5000A-2(c)(1) for coverage beginning on July first, two\nthousand twenty-one.\n 4. Each employer of any other covered airport worker at a covered\nairport location shall provide such covered airport worker the ability\nto begin or change enrollment in an eligible employer-sponsored plan as\ndefined in treasury regulation section 1.5000A-2(c)(1) for coverage\nbeginning no later than thirty days after becoming a covered airport\nworker.\n