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This entry was published on 2021-04-02
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SECTION 696-I
Savings clause
Labor (LAB) CHAPTER 31, ARTICLE 19-D
§ 696-i. Savings clause. 1. If any provision of this article or the
application thereof to any person, occupation or circumstance is held
invalid, the remainder of the article and the application of such
provision to other persons, employees, occupations, or circumstances
shall not be affected thereby.

2. If any clause, sentence, paragraph, subdivision, section or part of
this article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this article would have been enacted even if such invalid provisions had
not been included herein.

3. If section six hundred ninety-six-a, section six hundred
ninety-six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged, whether by final judgment, a
temporary restraining order, or a preliminary injunction, by any court
of competent jurisdiction to be preempted by federal law, then the
"standard benefits supplement rate" defined in subdivision six of
section six hundred ninety-six-a of this article shall immediately mean
the following:

(a) 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 beginning on July first, two thousand
twenty-one in one of the following ways: (i) in the form of health
and/or other benefits, not including paid leave, that cost the employer
the entire required hourly supplemental amount; (ii) by providing a
portion of the required hourly supplement in the form of health and/or
other benefits, not including paid leave, and the balance in cash; or
(iii) by providing the entire supplement in cash.

(b) The value of such supplement shall be no less than four dollars
and fifty-four cents per hour.

(c) 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.

(d) 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.

4. If section six hundred ninety-six-a, section six hundred
ninety-six-b, or section six hundred ninety-six-c of this article or any
portion thereof shall be adjudged by any preliminary relief, including a
temporary restraining order or a preliminary injunction, by any court of
competent jurisdiction to be preempted by federal law but is later
adjudged by the same court not to be preempted by federal law in a final
judgment, then the definition of "standard benefits supplement rate"
shall immediately revert to the definition stated in subdivision six of
section six hundred ninety-six-a of this article.