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In 2004, FAA issued a final rule that revised the Federal airport certification regulation [Title 14, Code of Federal Regulations (CFR), Part 139 (14 CFR Part 139] and established certification requirements for airports serving scheduled air carrier operations in aircraft designed for more than 9 passenger seats but less than 31 passenger seats. In addition, this final rule amended a section of an air carrier operation regulation (14 CFR Part 121) so it would conform with changes to airport certification requirements. The revised Federal airport certification requirements went into effect on June 9, 2004.
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The American Rescue Plan Act of 2021 (H.R. 1319, Public Law 117-2), signed into law by the President on March 11, 2021, includes $8 billion in funds to be awarded as economic assistance to eligible U.S. airports to prevent, prepare for, and respond to the coronavirus disease 2019 (COVID-19) pandemic.
To distribute these funds, the FAA has established the Airport Rescue Grants. The FAA will make grants to all airports that are part of the national airport system, including all commercial service airports, all reliever airports, and some public-owned general aviation airports.
Residents of the Town of Islip are eligible to purchase a Resident Parking Permit via mail only. Proper proof of residency is required to purchase the permit, and permit holders are able to park in 6, 6A or 6B, the designated Town Resident Parking Lots. To download a copy of the form, or for more information, please click the link below.
On March 25, New York Gov. Andrew M. Cuomo signed the Healthy Terminals Act, which among other things, provides that covered airport workers will be paid no less than the prevailing wage rate and a "standard benefits supplement rate" of at least $4.54 per hour towards the cost of "minimum essential coverage" under an employer-sponsored benefits plan.
The employer must also enroll each covered airport employee in an employer-sponsored health insurance plan. Beginning July 1, the commissioner may begin investigating violations of the law; effective immediately, however, the commissioner "may request documents or the preservation of documents relative to payroll and employee health plans to determine the applicable standards for full- and part-time work."
The Healthy Terminals Act in both states is quite expansive in that it covers many individuals involved in airport operations. The laws for each state apply to covered airport workers who spend at least one-half of their workweek at a covered location. For example, in New York, a "covered airport worker" is defined as a person employed to perform work at JFK or LaGuardia, who provides cleaning services (including building, warehouse, terminal, aircraft, and cabin cleaning), security services, baggage handling, catering, and airport retail and lounge services.
In New Jersey, a "covered airport worker or related location worker" means any person who performs work "at a covered airport or related location" or "performs work related to the preparation or delivery of food for consumption on airplanes departing from" Newark Liberty International Airport and the Newark Liberty International Train Station.
New York has also adopted a certification requirement that requires covered employers to submit a sworn statement certifying the total number of workers employed at a covered airport location who 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 Dec. 30, 2020. Furthermore, the sworn certification must calculate 80 percent of the total number of the covered employees as of Dec. 30, 2020, which becomes a "benchmark" for that employer.
The sworn certification must contain a statement that affirms that the covered employer will ensure that the number of covered airport workers it employs at a covered airport location between July 1, 2021 and Dec. 31, 2022 will not fall below the benchmark. In contrast, New Jersey's law does not have a benchmark or certification requirement.
While the overall purpose of the law for each state is similar, there are some noteworthy differences. In New York, the industrial commissioner is vested with the authority to bring any legal action, including an administrative action, on behalf of employees who are not paid proper wages. In New Jersey, however, employees have the right to recover in a civil action the full amount of the prevailing wage for building services and covered airport or related location workers less any amount actually paid to the worker by the employer together with any fees.
With respect to investigations, in New Jersey the commissioner appears to possess sole authority and discretion to launch an investigation "and ascertain the wages of any employees of a contractor or subcontractor furnishing building services for any property or premises owned or leased by the state, or of any covered airport or related location workers." However, in New York, the commissioner may investigate "[u]pon a showing by an employee organization." Thus, New York has seemingly granted unions broad power to seek support from the state whenever it believes there is any wrongdoing by an employer.
Given the purview of the Healthy Terminals Act in both New York and New Jersey, employers with airport operations must understand how these laws will affect them. Employers should continue to monitor any supporting regulations that are released to provide further guidance on each state's law.