New York City Mayor Eric Adams and Department of Consumer and Worker Protection (DCWP) Commissioner Vilda Vera Mayuga today announced that delivery workers who deliver restaurant orders for third-party food delivery apps in New York City now have first-of-their-kind new protections to promote better working conditions in the food delivery industry. Workers will get to choose how far they’ll travel and what routes they’ll take, receive more information about deliveries before accepting them, get paid at least once a week, and be provided with a free insulated delivery bag after six deliveries. These worker protection laws are the second part of a suite of new sweeping legislation regulating online third-party food delivery apps and enforcing brand new labor standards for delivery workers. The first part of the legislation, which requires third party food delivery apps to be licensed to operate in New York City, went into effect in January 2022.
“As a blue-collar mayor, I am committed to ensuring every worker in this city has fair, equitable, and safe working conditions,” said Mayor Adams. “Delivery workers brave difficult conditions year-round, often for meager pay, simply to do their jobs. These hard-won protections are critically important to advancing worker justice and giving the more than 65,000 delivery workers across this city the dignity they deserve.”
“Delivery workers are an integral part of New York City’s economy, and their labor deserves recognition,” said DCWP Commissioner Vilda Vera Mayuga. “With these new worker protection laws, we are taking a step towards advancing working conditions for everyone across the city and supporting our essential workers who keep this city running. I want to remind delivery workers that they are covered by these new laws they fought so hard for, regardless of their immigration status, and that we are a resource for enforcement of those protections.”
Starting, April 22, third-party food delivery apps must:
· Allow food delivery workers to set limitations on distances they will travel from restaurants and which bridges or tunnels they are unwilling to use;
· Provide upfront disclosure to food delivery workers about route, pay, and gratuities;
· Pay food delivery workers at least once a week;
· Offer payment options to food delivery workers that are free of charge; and
· Provide a free insulated delivery bag to a food delivery worker after six deliveries.
In addition to the new worker protection laws, the January regulations require certain third-party food delivery apps to:
- Have a DCWP license;
- Tell workers how much the customer tips for each delivery;
- Tell workers their total pay and tips for the previous day; and
- Have written agreements with restaurants, list the phone number of the restaurant on the app if a phone number is provided, and, in some cases, provide restaurants with customer data if available. Agreements entered on or after January 24, 2022 must contain a provision requiring the restaurant to allow bathroom access to delivery workers, with limited exceptions for health and safety reasons.
Starting January 1, 2023, apps will also be required to pay workers the new minimum pay rate that the City will set. The rate will not include tips. DCWP is currently conducting a study on working conditions in order to determine the new minimum rate. As part of this effort, DCWP will host a public hearing in June to hear testimonies directly from delivery workers and other stakeholders.
To educate delivery workers about their new rights, DCWP has been working closely with organizations to conduct presentations to workers in Spanish, English, Chinese, and Bengali. DCWP has partnered with worker organizations on over 25 events with over 1,700 workers to answer questions and distribute information on the laws. DCWP will also soon be launching a citywide, multilingual public awareness campaign to educate delivery workers about their rights. DCWP also sent a mailing to eligible third-party apps outlining their new obligations under the law. DCWP has visited over 130 restaurants during corridor walks and sent a notice to more than 30,000 restaurants, as well as restaurant associations and trade groups to share information about their rights and obligations under the law.
Delivery workers, apps, restaurants and consumers can visit nyc.gov/DeliveryApps for multilingual resources and information about these new regulations, including the newly required Notice of Delivery Worker Rights (additional languages coming soon), a video (additional languages coming soon), a full list of the new requirements under the laws, restaurant rights and responsibilities, and the Third-Party Food Delivery Service License Application Checklist. Workers can also call 311 and ask for “delivery worker” or email OLPS@dcwp.nyc.gov for more information.
“Los Deliveristas Unidos (LDU) continue to celebrate their historic journey to achieve Justice for all App Delivery Workers,” said Hildalyn Colon Hernández, Director of Policy & Strategic Partnerships for Los Deliveristas Unidos. “Last year, more than 2,000 Deliveristas rode from Times Square to Foley Square to demand better wages and working protections. Today, Deliveristas continue their history journey – as they have achieved more labor protections – from bathroom access, tip transparency, limit of the distance they travel, insulated bags - that will have a direct impact on workers’ lives, their families and the NYC community. Even with these historic achievements – the Deliveristas Journey to Justice is far from over as they continue to organize and empower other Deliveristas – these workers will be enjoying a minimum wage, more protections and unionization in 2023.”
“It is easy to heap praises on delivery workers for keeping us fed, especially through the pandemic,” said Kazi Fouzia, Director of Organizing, Desis Rising Up & Moving (DRUM). “But it took thousands of delivery workers to get organized to get actual improvement in their rights and working conditions. This not only demonstrated the power of workers organizing, but the policies won also set an example for the rest of the country on how to honor, respect, and protect delivery workers through the pandemic and the economic recovery.”
“As food delivery worker we are aware that we are doing high-risk work every day,” said Sergio Solano, Leader of NYC Food Delivery Movement. “The fight of all the delivery workers is more visible today, as we can report any anomalies with the apps, and now we have a little control over the distances and income, but we still have penalties when we reject an order that goes to an unacceptable distance with an unacceptable payment. Regarding daily and weekly payments, it has been improved, and we hope to receive the insulated bags that we use on a daily basis. We thank all the political leaders who helped pass these laws to improve our work, which is worth mentioning, it is a decent and honest work. We thank the Department of Consumer and Worker Protection for supporting us in spreading the information on all social channels and in the streets.”
“As New Yorkers rely more on food delivery, it’s past time that delivery workers who play such a critical role in our city's economy are afforded basic, commonsense workplace protections,” said Public Advocate Jumaane D. Williams. “I was proud to stand with workers as they fought for passage of this legislation, and I hope they’re able to celebrate today after years of organizing to make this law a reality.”
“Today marks a monumental day for deliverista rights here in New York, and these newly enacted standards should be the model across the country,” said Comptroller Brad Lander. “Because of their courageous organizing, delivery workers won critical information, supplies, and timely pay needed to make these jobs more sustainable. Shortened and straightforward delivery routes, weekly payments, and access to insulated food bags are now guaranteed, and alongside DCWP, we will ensure delivery workers’ rights remain protected.”
“New York City’s delivery workers continue to work hard every day to bring food to our homes and offices,” said City Council Speaker Adrienne Adams. “Their safety and well-being are important, which is why the City Council enacted groundbreaking protections for our city’s deliveristas and look forward to seeing its successful implementation. With new protections and labor standards set to take effect, the City must ensure that delivery workers know their rights and third-party apps understand their responsibility to follow the law. I look forward to continued partnerships with all stakeholders to improve pay and conditions for workers, support our city’s restaurants, and strengthen protections in the food delivery industry.”