Good jobs for good airports

(a)

Findings; purposes

(1)

Findings

Congress finds the following: (A)Safe and effective airport operations are essential to national commerce and the general welfare. (B)A well-trained, stable workforce at our Nation’s airports is critical to ensuring public safety and security, as well as the health and safety of the public and protection from infectious diseases. (C)The Federal Government has invested billions of dollars in creating and maintaining our Nation’s aviation infrastructure, reflecting the national interest in maintaining airports across the country. (D)Airport services are most effective when the workforce providing those services is able to earn a living wage and able to secure adequate health benefit coverage. In fact, meeting the growing challenges of operating airports securely and efficiently requires the recruitment and retention of excellent staff in all of the classifications of employees who work in airport services and operations. (E)Effective management of airports and effective airport security requires that workforce turnover be reduced and that the workforce be highly trained and highly motivated. (F)In connection with setting wage and benefits standards for those engaged in airport services, there is a need to establish an orderly system that reconciles competing interests without undue disruption. (2)

Purposes

The purposes of this Act are— (A)to provide a mechanism for ensuring minimum wage and benefits standards for individuals who work in airports; and (B)to serve the best interests of the people of the United States by stabilizing the workplace conditions of the labor pool that supports our Nation’s airport operations. (b)

Amendments to title 49 of United States Code to ensure minimum wage and benefits for covered service workers

(1)

Covered service worker definition

Section 40102(a) of title 49, United States Code, is amended by adding at the end the following:

(48)covered service worker— (A)means an individual who furnishes services for, or on the property or premises of, a small hub airport, medium hub airport, or large hub airport, performing— (i)functions that are related to the air transportation of persons, property, or mail, including— (I)the loading or unloading of property on aircraft or a building or facility on the airport property; (II)assistance to passengers, including assistance under part 382 of title 14, Code of Federal Regulations; (III)security; (IV)airport ticketing or check-in functions; (V)ground-handling of aircraft or related equipment (but not including mechanical services, machinery maintenance, car service maintenance, services at maintenance-related stores, fueling, de-icing, or other mechanic-related functions); (VI)aircraft cleaning and sanitization functions or waste removal; (VII)cleaning within an airport terminal or other building or facility on the airport property; (VIII)transportation of employees or individuals within the airport property; or (IX)ramp agent functions; (ii)concessions services on the property of an airport, including— (I)food service, including food and beverage service, wait service, busing, cooks, or cashiers; (II)retail service, including retail related to news or gifts or duty-free retail services; (III)cleaning for concession services; (IV)security for concession services; or (V)airport lounge services, including food, retail, cleaning, or security services for or at an airport lounge; (iii)airline catering services (such as the preparation or assembly of food, beverages, provisions, or related supplies on the airport property or premises or offsite for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft at the airport); or (iv)food or beverage service, housekeeping, or hotel service at a hotel located on airport property; (B)includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; (C)shall not include an employee to whom the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) applies; and (D)shall not include an employee of— (i)a State, municipality, or other political subdivision of a State or an authority created by an agreement between 2 or more States; or (ii)the Transportation Security Administration or a qualified private screening company performing security screening of passengers pursuant to a contract entered into with the Transportation Security Administration. (49)covered employer means any person engaged in commerce, or in any industry or activity affecting commerce, who employs 1 or more covered service worker.

(2)

Air commerce and safety

(A)

In general

Chapter 401 of title 49, United States Code, is amended by adding at the end the following new section:

40133.

Labor standards for certain airport service jobs

(a)

Requirement

Any covered employer providing services at or for a small, medium, or large hub airport shall ensure that all covered service workers, including those subject to a collective bargaining agreement, employed by the covered employer are paid a wage and fringe benefits that are— (1)with respect to such wage, not less than the higher of— (A)the minimum hourly wage for the appropriate locality and classification as determined in accordance with chapter 67 of title 41, United States Code (commonly known as the Service Contract Act), by the Secretary of Labor under subsection (c)(1)(A), adjusted annually to reflect any changes made by such Secretary in such determinations; or (B)the minimum hourly wage required under an applicable State or local minimum wage law (including a regulation) or policy, including the policy of a political subdivision of a State or an authority created by a compact between 2 or more States or 1 or more States and the District of Columbia, that applies to covered service workers; and (2)with respect to such fringe benefits, not less than the greater of— (A)the minimum fringe benefits for the appropriate locality and classification as determined in accordance with chapter 67 of title 41, United States Code (commonly known as the Service Contract Act), by the Secretary of Labor under subsection (c)(1)(A), adjusted annually to reflect any changes made by such Secretary in such determinations; or (B)the minimum fringe benefits required under an applicable State or local law (including a regulation) or policy, including the policy of a political subdivision of a State or an authority created by a compact between 2 or more States or 1 or more States and the District of Columbia, that applies to covered service workers. (b)

Certification requirement for covered employers

(1)

In general

A covered employer shall certify, under penalty of perjury, in a manner determined by the Secretary of Transportation, on a monthly basis that all covered service workers, including those subject to a collective bargaining agreement, employed by the covered employer are provided wage and fringe benefits that comply with the requirements described in paragraphs (1) and (2) of subsection (a). (2)

Failure to submit certification

The failure to submit a certification under paragraph (1) shall constitute a violation of this section. (3)

False certification

The submission of a false certification under paragraph (1) shall constitute a violation of this section. (c)

Classifications and wage determinations

(1)

In general

The Secretary of Labor shall— (A)not later than 120 days after the date of enactment of this section and in accordance with paragraph (2), issue a wage determination with minimum hourly wage and fringe benefits in accordance with the methodology used by the Secretary of Labor under chapter 67 of title 41, United States Code (commonly known as the Service Contract Act), appropriate for each class of covered service worker for purposes of paragraphs (1)(A) and (2)(A) of subsection (a); and (B)not later than 120 days after the date of enactment of this section and annually thereafter, provide to the Secretary of Transportation the applicable minimum hourly wage and fringe benefits required for purposes of subsection (a) with respect to each such class of covered service worker. (2)

New occupational categories

In issuing the wage determinations under paragraph (1)(A), the Secretary of Labor— (A)shall ensure that each class of covered service worker is classified appropriately in a category of occupation of a type covered under chapter 67 of title 41, United States Code; and (B)to the extent needed to carry out subparagraph (A), may establish 1 or more new categories of occupation of a type covered under chapter 67 of title 41, United States Code, to ensure that all classes of covered service workers have an appropriate determination of minimum hourly wage and fringe benefits. (d)

Rulemaking authority

The Secretary of Labor and the Secretary of Transportation may prescribe regulations to implement this section, provided that such regulations prescribed by the Secretary of Transportation shall be consistent with such regulations prescribed by the Secretary of Labor. (e)

Enforcement

(1)

Wage and benefit enforcement

The Secretary of Labor shall have the authority to enforce the wage and fringe benefit requirements for covered service workers described in paragraphs (1) and (2) of subsection (a), including the authority to issue orders, conduct investigations, examine the records of covered employers, hold hearings, make decisions based on findings of fact, and take other appropriate action pursuant to the authority of the Secretary of Labor under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (2)

Certification enforcement

(A)

In general

The Secretary of Transportation shall have the authority to enforce the certification requirement described in subsection (b), including the authority to issue orders, conduct investigations, examine the records of covered employers, hold hearings, make decisions based on findings of fact, and take other appropriate action pursuant to the Secretary of Transportation’s authority. (B)

Considerations

In determining whether a covered employer submitted a false certification under subsection (b), the Secretary of Transportation shall consider as evidence any findings of fact made by the Secretary of Labor regarding a covered employer's failure to comply with the wage and fringe benefit requirements described in paragraphs (1) and (2) of subsection (a). (f)

Non-preemption of State or local laws

Nothing in this section shall preempt any State or local law (including a regulation) or policy that requires a higher minimum wage or otherwise requires greater benefits or protections for covered service workers than the requirements of this section. (g)

Report to Congress

Not later than 1 year after the date of enactment of the Good Jobs for Good Airports Act, and annually thereafter, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the efforts of the Secretary to implement such Act, as well as an assessment of the efforts of covered employers to come into compliance with the requirements of such Act. (h)

Publication of data

The Secretary of Transportation shall publish complaint data relating to covered service workers in a manner comparable to other aviation consumer complaint data.

(B)

Clerical amendment

The analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40132 the following:

40133. Labor standards for certain airport service jobs.

(3)

Penalties

Section 46301 of title 49, United States Code, is amended— (A)in subsection (a) by adding at the end the following new paragraph:

(9)

Penalties relating to labor standards for certain airport service jobs

Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 40133 shall be an amount not to exceed 3 times the amount of a civil penalty as described in paragraph (1).

; and

(B)in subsection (c)(1)(A) by striking or section 44909 of this title and inserting section 44909, or section 40133 of this title.. (4)

Investigations and proceedings

(A)

In general

Chapter 461 of title 49, United States Code, is amended by adding at the end the following new section:

46112.

Enforcement of labor standards for certain airport service jobs by interested persons

An interested person may bring a civil action in a district court of the United States against a person to enforce section 40133. The action may be brought in the judicial district in which the defendant does business or the violation occurred.

(B)

Clerical amendment

The analysis for chapter 461 of title 49, United States Code, is amended by inserting after the item relating to section 46111 the following:

46112. Enforcement of labor standards for certain airport service jobs by interested persons.

(c)

Minimum wage and fringe benefits for covered service workers under Fair Labor Standards Act of 1938

Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

(h)

Covered service workers performing services for small, medium, and large hub airports

(1)

In general

In lieu of the rate prescribed by subsection (a)(1), an employer shall pay each employee employed as a covered service worker (as defined in section 40102(a) of title 49, United States Code), providing services at or for a small hub airport, medium hub airport, or large hub airport (as those terms are defined in such section), who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, a minimum wage and fringe benefits as provided under section 40133(a) of title 49, United States Code. (2)

Administration and enforcement of fringe benefits

For purposes of administration and enforcement of any unpaid fringe benefits required under paragraph (1), the fair market value amount of any such fringe benefits shall be deemed unpaid minimum wages under this Act.