Jurisdiction & Authority
What is the New York Waterfront Commission?
The New York Waterfront Commission is a New York State executive agency established on July 17, 2023. Our mission is to investigate, deter, combat and remedy criminal activity and influence in the Port of New York and to ensure fair hiring and employment practices so that the port and region can grow and prosper. The Commission is a law enforcement agency with regulatory and investigative authority.
What is the Commission’s jurisdiction?
The Commission’s jurisdiction is the Port of New York district in the State of New York. The Port of New York district encompasses an area of about 1,500 square miles in New York and New Jersey, centering around New York Harbor.
Law & Licensing
What is waterborne freight?
Waterborne freight is cargo brought into or out of the Port of New York district by water. Typically, the cargo is containerized freight that was or will be loaded onto container ships. Waterborne freight also includes vehicles that were or will be loaded onto roll-on/roll-off ships, as well as goods that are boxed, marked, wrapped, or counted, including mail, baggage, and ship stores. Bulk freight/commodities are not considered waterborne freight.
What is a marine terminal?
A marine terminal is an area used primarily for the handling of containerized freight, vehicles, and large cruise ships. A marine terminal also includes any area with a pier that is generally used to move, warehouse, distribute and/or package/repackage waterborne freight. In the Port of New York district, marine terminals are generally operated by, or under the ownership of, The Port Authority of New York-New Jersey.
What is a pier?
A pier is statutorily defined by the Waterfront Commission Act as including “any wharf, pier, dock or quay.” It includes, but is not limited to, areas within a marine terminal where containerized freight is stored and handled.
What is a stevedore?
A stevedore is a company within a marine terminal, at a pier, or within 1,000 yards of a pier in the Port of New York district in the State of New York that handles waterborne freight that it does not own. A stevedore also includes any company located within a marine terminal, at a pier, or within 1,000 yards of a pier that performs maintenance, cleaning, or other services incidental to the handling of waterborne freight. The 1,000 yards is measured by the shortest route between two points (“as the crow flies”).
What is a warehouse worker?
A warehouse worker handles waterborne freight at a warehouse or similar facility located within a marine terminal, at a pier, or within 1,000 yards of a pier.
What is a maintenance and repair worker?
A maintenance and repair worker performs maintenance, mechanical repair, lashing, or cleaning services at a warehouse or similar facility located within a marine terminal, at a pier, or within 1,000 yards of a pier.
What is a security officer?
A security officer performs services for the protection of waterborne freight and/or the property and persons involved in the handling of waterborne freight.
What is a Waterfront Commission license?
A New York Waterfront Commission license is a credential issued to: (1) a company to perform services involving the handling of waterborne freight on behalf of its customers or to perform other services incidental to the handling of waterborne freight, or (2) an individual to perform managerial, supervisory or security functions for stevedores, or at a facility where workers are required to hold a Commission registration. To be licensed, you must possess “good character and integrity.”
What is a Waterfront Commission registration?
A New York Waterfront Commission registration is a credential issued to an individual to handle waterborne freight, or to perform other services incidental to the handling of waterborne freight. In order to be registered, the Commission must be satisfied that your presence at the piers or other waterfront terminals in the Port of New York district in the State of New York does not constitute a “danger to the public peace or safety.”
What is a Waterfront Commission Identification Card?
A Waterfront Commission Identification Card is the card that you receive from the Commission with your photograph and waterfront number. It is proof that you are licensed or registered to work on the waterfront, and you must always carry this card while working in the Port of New York or at container terminals.
What warehousing activities require a stevedore license?
Generally, a public warehouse that receives and stores waterborne freight within a marine terminal, at a pier, or within 1,000 yards of a pier as a service to customers is required to be licensed as a stevedore.
What warehousing activities require individuals to be licensed or registered?
Individuals who work in a public warehouse within a marine terminal, at a pier, or within 1,000 yards of pier must be registered or licensed, unless they work in clerical or office areas.
A private warehouse within a marine terminal, at a pier, or within 1,000 yards of a pier that owns the freight that was moved or will move through the Port district is not required to be licensed as a stevedore. However, any individual who handles the receipt and/or stripping of waterborne imports or the delivery and/or stuffing of waterborne exports must be licensed or registered.
What is decasualization?
Generally, all longshore workers are required to work or make themselves available for work 15 days per month for 5 of the 6 months of each half-calendar year, for a minimum of 90 days. Port workers who do not have “good cause” for missing these requirements will be removed from the waterfront through a process called decasualization. Some examples of good cause include illness or military service.
Security officers have their own work attendance requirements. Security officers must work a minimum of 200 hours during a 12-month period commencing each October 1st.
If I work in New Jersey, will I receive credit for working in New York?
Yes, the Waterfront Commission credits work performed on both the New York and New Jersey ports when evaluating whether a port worker is subject to decasualization. Days worked in New Jersey are recognized as days worked in New York.
If you are decasualized by the New Jersey State Police Port Security Section for failing to work the required number of days, then you will also be decasualized by the Commission.
I am a registered port worker who works in New York. I was recently arrested for a crime in New Jersey. Am I required to notify the Waterfront Commission of my arrest?
Yes, if you are licensed or registered to work in New York, you must notify the Commission if you are arrested for any crimes or offenses, other than motor vehicle offenses, within 20 days. It does not matter whether you were arrested in or outside of New York.
Note that most Driving While Intoxicated (DWI) arrests in New York are not treated as motor vehicle offenses. They are crimes that must be reported to the Commission.
Can I be barred from the waterfront for associating with a member or associate of an organized crime group?
Yes, the Commission may deny your application or revoke your registration or license if you have improperly associated with organized crime figures, career offenders, individuals convicted of racketeering activities, or terrorists. An association includes being in the company of someone as a companion, ally, or friend, and can also include a financial relationship. The association does not necessarily need to have a criminal purpose. If the association demonstrates a risk or perception of corruption, it will disqualify you from port employment.
I was registered by the bi-state Waterfront Commission of New York Harbor before it was dissolved on July 17, 2023. Is my registration or license still valid?
Yes. The New York Waterfront Commission honors active registrations and licenses that were issued by the bi-state agency.
I was issued a Port Security Access Card by the New Jersey State Police. Can I use that pass to work in New York?
No. In order to work in the Port of New York, you must have applied for, and received, a New York Waterfront Commission Identification Card.
Audit
What are assessments?
The Commission is partially funded through quarterly payments made by port employers that are calculated on the gross payroll payments to longshore workers, hiring agents, pier superintendents and security officers. Assessments cannot be more than 2% each year.
What is the current assessment rate?
The assessment rate for FY2024-2025 is 1.6%.
How much of waterfront employers’ payroll is subject to assessment?
In general, any employer who hires someone who is licensed or registered by the Commission to work on the waterfront must pay an assessment on that person’s entire payroll. However, there are times when less than 100% of an individual’s payroll can be assessed. For example, if a warehouse holds less than 100% waterborne freight, or if an individual did not work the entire time at an employer’s facility within a marine terminal, at a pier, or within 1,000 yards of a pier. In addition, private warehouses will only be assessed for work performed when handling, receipt and/or stripping of waterborne imports, or the delivery and/or stuffing of waterborne exports.
How are assessments collected?
Quarterly assessments are due on the 15th day of the month following the end of each quarter (i.e., April 15th, July 15th, October 15th, and January 15th). An employer subject to an assessment submits its payment along with a form (called a WC-30) in which the employer discloses its gross assessable payroll for the previous quarter and the amount to be paid based on the current assessment rate. This WC-30 is subject to audit for up to a five-year statutory look-back period.
Where should assessments be sent?
Quarterly assessment forms (WC-30) may be email to [email protected].
Payments should be mailed to:
New York Waterfront Commission
c/o Audit Division
39 Broadway, 4th Floor
New York, NY 10006
What is a Commission audit?
All companies subject to the payment of assessments will be periodically subject to a payroll audit to ensure there has not been an overpayment/underpayment to the Waterfront Commission. An audit will not be conducted more than once a year. All licensed stevedores are also subject to a compliance audit to ensure their procedures are in conformance with various New York Waterfront Commission Rules and Regulations. Both audits are subject to a five-year look back period.