Official Site of The State of New Jersey

The law applies to “covered airport or related location workers,” defined as:

(1)  Any person employed to perform work at a covered airport or related location, provided at least half of the employee’s time during any workweek is performed at a covered airport and related location; or,

(2)  Any person who performs work related to the preparation or delivery of food for consumption on airplanes departing from a covered airport or related location

The law does not apply to workers employed in an executive, administrative, or professional capacity as defined in the Fair Labor Standards Act. In addition, employees of public agencies (as defined in section II above) are exempt.

Yes, so long as they spend at least half of their time during the workweek at Newark Airport or the Train Station.

Yes, so long as they spend at least half of their time during the workweek at Newark Airport or the Train Station.

Yes, so long as they spend at least half of their time during the workweek at Newark Airport or the Train Station.

No. Workers properly classified as independent contractors are not covered.

Yes. Any employee who believes he has been misclassified as an independent contractor may file a complaint with the DOL’s Division of Wage and Hour Compliance. The Division of Wage and Hour Compliance will investigate and make a determination as to whether the individual is covered by the HTA.   

The HTA amends the State Building Contract Services Act to establish a prevailing wage for workers covered by the HTA.

The HTA requires that the Commissioner base the prevailing wage determinations on the wage determinations made by the General Services Administration, pursuant to the federal Service Contract Act of 1965 (41 U.S.C. § 351 et seq.) for the appropriate localities and classifications of covered workers. These federal wage determinations are available at the General Services Administration website at https://sam.gov/content/wage-determinations. The most recent wage determination (dated March 15, 2022) for Essex County (the county in which Newark Airport and the Train Station are located) is here.  

The HTA further specifies that, as of September 1, 2021, the prevailing wage for covered workers cannot be less than:

(1) any otherwise applicable minimum wage rate established through a policy of the Port Authority;

(2) an amount of wages or supplements equal to the rate for health and welfare for all occupations designated by the Commissioner, based on the determinations made by the U.S. Department of Labor pursuant to the Service Contract Act; and,

(3) paid leave equal to the paid leave requirements designated by the Commissioner, based on the determinations made by the General Services Administration pursuant to the Service Contract Act.

In essence, the HTA requires a minimum wage, a minimum employer contribution for health and welfare, and a minimum amount of paid leave for covered employment.

The SCA wage determination lists minimum hourly rates for hundreds of occupations.

The U.S. Department of Labor’s SCA Directory of Occupations and Occupational Index can provide clarification. In addition, USDOL’s SCA Conformance Guide provides procedures and examples of how employers can attempt to conform their existing employee occupations with those listed in the Directory of Occupations and wage determination.

In furtherance of these established procedures, the Department requests generally that employers make a good-faith effort in examining the Directory of Occupations and Conformance Guide to see first, whether an employee occupation fits exactly within an existing Directory occupation, and second, whether an employee occupation is closely related to an existing Directory occupation.

Yes, it is located here and a FAQ is here. For covered workers, the minimum wage at Newark Airport is $17.00/hour, rising to $18.00/hour on September 1, 2022.   

For the most up-to-date information, please see the wage determination for hourly, weekly, and monthly numbers.

The wage determination indicates that covered workers must receive at least the following.

Vacation Leave:

• 2 weeks paid vacation after 1 year of service;
• 3 weeks paid vacation after 5 years of service;
• 4 weeks paid vacation after 15 years of service; and,
• 5 weeks paid vacation after 25 years of service.

Holidays:

• Covered workers must receive a minimum of 12 holidays per year, including:
  • New Year’s Day
  • Martin Luther King Jr.’s Birthday
  • Washington’s Birthday
  • Good Friday
  • Memorial Day
  • Juneteenth National Independence Day
  • Independence Day (July 4^th)
  • Labor Day
  • Columbus Day
  • Veterans’ Day
  • Thanksgiving Day
  • Christmas Day

Note that an employer may substitute any of these holidays for another day off with pay in accordance with a plan communicated to employees (see 29 C.F.R. 4.174).

Covered employers must keep a record of the name, job classification, and actual hourly rate of wages and benefits paid to covered employees.

An employer must retain these records for two years after the date of payment.

A violator of the HTA may be charged with a disorderly persons offense and, upon conviction, could be fined not less than $100 and up to $1,000; or be imprisoned for not less than 10 nor more than 90 days; or be subject to both fine and imprisonment.

The Commissioner may also assess a violator with administrative penalties up to a maximum of $250 for a first violation, and up to a maximum of $500 for each subsequent violation.

If the Commissioner supervises the payment of wages due to workers, contractors, or subcontractors for violations of the HTA, an administrative fee of 10% to 25% will be added.