N.Y. Labor Law § 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 work related to the preparation

or delivery of food for consumption on airplanes departing from John F.

Kennedy International Airport or LaGuardia Airport.

2. (a) "Covered airport worker" means any person employed to perform

work at a covered airport location.

(b) "Covered airport worker" shall include any person employed to

perform work at a covered airport location, provided at least half of

the employee's time during any workweek is performed at a covered

airport location.

(c) "Covered airport worker" shall 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 (29 U.S.C. s.213 et seq.), or persons employed by

the Port Authority of New York and New Jersey or any other governmental

agency.

3. "Successor airport employer" means any employer that employs

covered airport workers who provide 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 or employers with ten or fewer employees.

5. The "applicable standard rate" means the wage and benefit rates

designated by the commissioner based on the determinations made by the

General Services Administration pursuant to the federal McNamara-O'Hara

Service Contract Act of 1965 (41 U.S.C. 6701 et seq.), for the

appropriate localities and classifications of building service

employees; provided, however, that in no event shall the prevailing wage

rate applicable to a covered airport worker on and after January first,

two thousand twenty-five and every year thereafter be less than the

following:

(a) any otherwise applicable minimum wage rate established through a

regulation of the Port Authority of New York and New Jersey; and

(b) an amount of supplemental wages or a supplemental healthcare

contribution equal to the rate for health and welfare for all

occupations, designated by the commissioner based on the determinations

made by the federal department of labor pursuant to the McNamara-O'Hara

Service Contract Act of 1965 (41 U.S.C. 6701 et seq.) for the geographic

region in which the covered airport location is situated and in effect

on the date of the designation by the commissioner; and

(c) paid leave equal to the paid leave requirements designated by the

commissioner the immediately preceding January first, based on the

determinations made by the General Services Administration pursuant to

the McNamara-O'Hara Service Contract Act of 1965 (41 U.S.C. 6701 et

seq.).

6. "Commissioner" means the commissioner of labor of the state of New

York.