N.Y. Labor Law 696-I – Savings clause
§ 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.
Terms Used In N.Y. Labor Law 696-I
- 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. See N.Y. Labor Law 696-A - Employer: means any person, corporation, limited liability company, or association employing any individual in an occupation, industry, trade, business or service. See N.Y. Labor Law 696-A
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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. See N.Y. Labor Law 696-A
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
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.