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Over $2 Million in Back Wages Recovered for Newark Airport Workers in Landmark Case
Historic Enforcement of Healthy Terminals Act Benefits 811 Employees
In an unprecedented enforcement of the Healthy Terminals Act, the New Jersey Department of Labor and Workforce Development (NJDOL) has secured more than $2.2 million in back wages for 811 employees at Newark Liberty International Airport. This significant achievement marks the department's first action under the 2021 legislation, targeting Swissport USA Inc., a major aviation service provider, for failing to meet the new minimum wage and benefits standards set forth for airport and train station workers.
Prompted by a handwritten plea from 19 Swissport workers, backed by the Service Employees International Union (SEIU) Local 32-BJ, the investigation unveiled that Swissport had not complied with the prevailing wage and supplemental health benefits requirements. "These workers play a critical role in maintaining the safety and operations of one of the world's busiest transport hubs, deserving fair compensation and care for their indispensable service," stated Labor Commissioner Robert Asaro-Angelo, lauding the bravery of the workers who brought these violations to light.
This case stands as NJDOL’s third-largest back wage settlement, only surpassed by the 2006 Raymour and Flanigan and the 2005 Nestle Waters North America settlements. An in-depth audit covering September 2021 to September 2022 revealed Swissport's failure to adhere to the mandated wage and health benefits rates, leading to a total of $2,223,762 owed in back wages and liquidated damages. Additionally, Swissport faces $53,515 in penalties and $11,370 in fees for various violations, including unpaid shift time and delayed wage payments.
The resolution of this case highlights the collaborative efforts between the NJDOL, 32BJ SEIU, and Swissport, ensuring justice and compensation for affected employees. Kim Ikner, a Swissport Cargo Worker and 32BJ SEIU member, emphasized the victory's significance, crediting the union's relentless advocacy for the Healthy Terminals Act's enactment. "This settlement sends a clear message to all employers and contractors at EWR: adherence to the HTA is not optional," Ikner stated.
Swissport's history of wage and hour violations, including a prior audit in 2021 resulting in penalties for unpaid wages and overtime, underscored the need for rigorous enforcement of labor laws. This latest action against Swissport not only reaffirms the company's obligations under the Healthy Terminals Act but also serves as a deterrent to other employers who might consider flouting labor standards.
The Healthy Terminals Act represents a pivotal step towards ensuring fair wages and health benefits for airport workers, with the NJDOL committed to protecting employees' rights under this and other labor laws. For more information on New Jersey’s wage and hour regulations, visit myworkrights.nj.gov, underscoring the state's dedication to upholding workers' rights and promoting equitable labor practices.
