§ 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 airline catering work as such
work is described in subparagraph (iv) of paragraph (a) of subdivision
two of this section.

2. (a) "Covered airport worker" means any person employed to perform
work at a covered airport location provided at least one-half of the
employee's time during any workweek is performed at a covered airport
location and who works in one of the following covered categories:

(i) Cleaning and related services, which shall mean:

(1) building cleaning, including warehouse, kitchen, and terminal
cleaning, including common areas, gateways, gates, lounges, clubs,
concession areas, terminal entryways from ramp and where planes park at
the gate, and other nearby facilities used for the preparation,
packaging, and storage of inflight meals and supplies; and

(2) aircraft and cabin cleaning, including lavatory and water disposal
and replenishment, lift truck driving and helping, dispatching, cleaning
crew driving, and sorting and packing of inflight materials, such as
blankets, pillows, and magazines;

(ii) Security related services, including catering security,
escorting, escort security, passenger aircraft security, fire guarding,
terminal security, baggage security, traffic security, cargo screening,
including guarding, warehouse security, concessions and airport lounge
security, security dispatch, and security at nearby facilities used for
the preparation, packaging, and storage of inflight meals; or

(iii) In terminal and passenger handling services, including baggage
handling, sky cap services, wheelchair attending, wheelchair
dispatching, customer and passenger services, line queue, identification
checking, porter services for baggage, and passenger and employee
shuttle driving.

(iv) Airline catering, including work related to the preparation or
delivery of food or beverage for consumption on airplanes departing from
a covered airport location or related location; or

(v) Airport lounge services, including food and retail services.

(b) "Covered airport worker" shall not include anyone who works in one
of the following non-covered categories:

(i) Non-cleaning and security related cargo and ramp services,
including ramp baggage and cargo handling, load control and ramp
communication, aircraft mechanics and fueling of aircraft, provision of
cooling, heating, and power, passenger aircraft servicing, cabin
equipment maintenance, guiding aircraft in and out of gates, and gate
side aircraft maintenance;

(ii) Ramp and tarmac maintenance services, including operation of snow
plows, ramp cleaning vehicles, and tarmac sweepers;

(iii) Concession services, including food service, which includes food
and beverage service, wait service, and cashiers, and retail service,
which includes news, and gifts, and duty-free;

(c) "Covered airport worker" shall not include direct employees of the
Port Authority of New York and New Jersey, or any workers hired by
companies contracted by the Port Authority of New York and New Jersey,
that are performing work under such contract.

(d) Covered airport worker shall include only:

(i) Employees employed at a covered airport location on December
thirtieth, two thousand twenty and who are working an average of at
least thirty hours per week; and

(ii) Employees employed at a covered airport location on or after
January first, two thousand twenty-three and who are working for an
average of thirty hours per week.

(e) "Covered airport worker" shall also 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.

3. "Successor airport employer" means any person who furnishes
cleaning and related services, security related services, in terminal
and passenger handling services, airline catering, or airport lounge
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.

5. The "standard wage rate" means the greater of:

(a) any minimum wage rate that would be otherwise applicable to
covered airport workers established by article nineteen of this chapter;
or

(b) any otherwise applicable minimum wage rate established through a
policy of the Port Authority of New York and New Jersey.

6. The "standard benefits supplement rate" means an hourly supplement
of four dollars and fifty-four cents furnished to an employee by
providing at least four dollars and fifty-four cents per hour toward the
cost of minimum essential coverage under an eligible employer-sponsored
plan as defined in treasury regulation section 1.5000A-2(c)(1) beginning
on July first, two thousand twenty-one. The standard benefits supplement
rate shall apply only to the first forty hours worked by each covered
airport worker in each week and shall not apply to any overtime hours
worked by any covered airport worker. The standard benefits supplement
rate shall apply to any paid leave taken by a covered airport worker
that does not exceed forty hours in a week.

7. The "applicable standard rate" shall mean a combination of (a) the
standard wage rate; and (b) the standard benefits supplemental rate.