N.Y.
Labor Law Section 696-B
Certification to the commissioner
1.
No later than March thirty-first, two thousand twenty-one, each employer of a covered airport worker shall submit to the commissioner a sworn statement certifying the total number of workers employed by such employer at a covered airport location to perform cleaning and related services, security related services, in terminal and passenger handling services, airline catering, or airport lounge services, at a covered airport location on December thirtieth, two thousand twenty, and identifying the number that is equal to eighty percent of such total number of employees, which shall be the December thirtieth, two thousand twenty benchmark for the purposes of this section. Such statement shall further include an affirmation that such employer will ensure that the number of covered airport workers it employs at a covered airport location between July first, two thousand twenty-one and December thirty-first, two thousand twenty-two is no less than the December thirtieth, two thousand twenty benchmark. Such sworn statement shall be provided by the commissioner upon request by any airport worker performing cleaning and related services, security related services, in terminal and passenger handling services, airline catering, or airport lounge services, at a covered airport location or any representative of such airport workers. Prior to employing any airport workers to perform cleaning and related services, security related services, in terminal and passenger handling services, airline catering, or airport lounge services, at a covered airport location, any successor airport employer shall obtain the applicable December thirtieth, two thousand twenty benchmark from the commissioner and submit to the commissioner an affirmation that such employer will ensure that the number of covered airport workers it employs at a covered airport location between July first, two thousand twenty-one and December thirty-first, two thousand twenty-two is no less than the December thirtieth, two thousand twenty benchmark.2.
Each employer of any covered airport worker employed at a covered airport location on or after January first, two thousand twenty-three shall submit to the commissioner, in a form and manner proscribed by the commissioner, a sworn statement affirming that such employer will ensure, where applicable, that the proportion of covered airport workers in each classification it employs to work an average of at least thirty hours per week at a covered airport location is the same as such proportion was compared to all workers in the same classification working at such covered airport location in the calendar year two thousand nineteen workforce. The commissioner shall publish a list of all covered classifications with the corresponding proportions of all workers employed to work an average of at least thirty hours a week compared to all workers in the same classification employed to work at each covered airport location in the calendar year two thousand nineteen. The commissioner shall be empowered to promulgate rules or regulations to determine the method and accounting for such information and to verify its accuracy, including the ability to establish a presumed proportion where records are missing or unavailable and provided further that such full-time levels shall be no less than such December thirtieth, two thousand twenty benchmark. If such proportion is not maintained, consistent with such rules or regulations promulgated by the commissioner, then the hours worked by such part time workers, which are outside of such proportion, shall be subject to the provisions of this section as if they worked an average of at least thirty hours per week at a covered airport location and were otherwise a covered airport worker.3.
Each employer of a covered airport worker employed at a covered airport location on December thirtieth, two thousand twenty and who is working an average of at least thirty hours per week shall provide such covered airport worker the ability to begin or change enrollment in an eligible employer-sponsored plan as defined in treasury regulation section 1.5000A-2(c)(1) for coverage beginning on July first, two thousand twenty-one.4.
Each employer of any other covered airport worker at a covered airport location shall provide such covered airport worker the ability to begin or change enrollment in an eligible employer-sponsored plan as defined in treasury regulation section 1.5000A-2(c)(1) for coverage beginning no later than thirty days after becoming a covered airport worker.
Source:
Section 696-B — Certification to the commissioner, https://www.nysenate.gov/legislation/laws/LAB/696-B (updated Apr. 2, 2021; accessed May 11, 2024).
