Healthy Terminals Act Frequently Asked Questions

Starting January 1, 2026, there will be several changes to the Healthy Terminals Act, including: which employers, workers, and locations are covered by the Act; the required minimum wage and benefit rates; paid leave requirements; certification requirements; and health care coverage. Read more about these changes in the frequently asked questions below. 

Q: Who is a covered airport worker?

A: Starting January 1, 2026, employees who work at least 50% of their time during any workweek at a covered airport location are covered by the Act. Employees of the Port Authority of New York and New Jersey and employees of any other governmental agency are not covered by the Act. In addition, workers employed in an executive, administrative, or professional capacity as defined by the federal Fair Labor Standards Act (Section 13(a)(1)) are not covered by the Act.

Q: What workplaces are covered?

A: Starting January 1, 2026, this law will apply to anyone who works at least 50% of their time during any work week at a covered airport location. Covered airport locations include:

• LaGuardia and JFK International airports; and
• locations from where food to be consumed on airplanes departing from the above airports is prepared or delivered. 

Q: What employers are covered?

A: Starting January 1, 2026, private sector employers and their successor employers who employ 11 or more employees must, at minimum, pay covered airport workers the wage designated by the NYS Commissioner of Labor under the Act. 

Successor employers are employers who take over a business from a previous employer at a covered airport location. Successor employers employ covered airport workers to provide substantially similar services as the previous employer.

Q: What is the applicable standard rate for covered airport workers?

A: Starting January 1, 2026, the applicable standard rate refers to the minimum wage rate, benefit rate, and paid leave an employer must offer their covered airport workers. These rates and paid leave requirements are designated by the NYS Commissioner of Labor.

Starting January 1, 2026, the applicable standard rate cannot be less than:

• The minimum wage rate established by the Port Authority of New York and New Jersey;
• The health and welfare supplemental wage as designated by the NYS Commissioner of Labor; and
• Paid leave as designated by the NYS Commissioner of Labor.

Q: For purposes of the Act, what does “designated by the NYS Commissioner of Labor” mean?

A: The Healthy Terminals Act states that the NYS Commissioner of Labor designates rates and supplemental benefits rates based on determinations issued by the federal Department of Labor pursuant to the federal McNamara-O'Hara Service Contract Act of 1965 (41 U.S.C 6701 et seq.) for the geographic region in which the covered airport location is situated and in effect on the date of designation. 

Q: Are there any posting requirements for employers?

A: Yes. Employers must post the required posters as provided by NYSDOL in a conspicuous place at worksites where workers will see it. Upon request, NYSDOL will provide employers with free copies of the Act, orders, digests, and summaries.

Q: Should covered airport workers receive supplemental wages or supplemental healthcare contributions at the health and welfare rate for all hours worked?

A: Covered airport workers must receive supplemental wages or the supplemental healthcare contribution for each hour of the first forty hours worked each week. Employees do not need to receive supplemental wages or supplemental healthcare contributions for any overtime hours worked beyond the first forty hours each week. 

Q: What records must an employer maintain?

A: Employers must maintain accurate and up to date payroll records for every employee covered by the Act. These records must show the hours and compensation for each week worked plus any additional information required by the New York State Labor Law. These records must be kept for six years.

Q: Can covered airport workers opt to receive cash in lieu of the supplemental health care contribution?

A: Yes. Starting January 1, 2026, an employer can pay a supplemental wage or provide a contribution to health care costs equal to the health and welfare rate for all occupations as designated by the NYS Commissioner of Labor.

Q: What if a covered airport worker already has health insurance (through their spouse, etc.) and does not want to be on the employer-sponsored health care plan?

A: The Healthy Terminals Act does not require covered airport workers to participate in an employer-sponsored health care plan. Starting January 1, 2026, covered airport employers must pay their workers a supplemental wage or provide a contribution to health care equal to the health and welfare rate for all occupations as designated by the NYS Commissioner of Labor. 

Q: Do employers have to submit a certifying statement as previously required under the Healthy Terminals Act?

A: No. The certification requirements are no longer in effect after January 1, 2026.

Q: What type of paid leave must employers provide?

A: Covered employers must provide covered workers with paid holidays and paid vacation days.

Q: How many paid holidays must employers offer?

A: Covered employers must offer at least the number of paid holidays as designated by the NYS Commissioner of Labor. Paid holidays must be provided no matter how long a worker has been employed.

Designated holidays are listed in the McNamara O’Hara Service Contract Act. Employers may substitute another day for one of these designated holidays if they clearly communicate the substitution to their workers.

Q: How many vacation days must employers provide?

A: Employers must provide covered airport workers with paid leave as designated by the NYS Commissioner of Labor. The number of weeks of paid leave per year of employment is listed in the table below. Covered airport workers earn the full amount of owed vacation on their anniversary date and upon each succeeding anniversary date thereafter.