Food Delivery Worker Laws: FAQs | DCWP

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Food Delivery Worker Laws: Frequently Asked Questions

The Department of Consumer and Worker Protection (DCWP) enforces NYC Laws protecting food delivery workers. This FAQ answers common questions. For more information, visit nyc.gov/DeliveryApps.

Terms Used in FAQ

“App” means third-party food delivery services and third-party courier services. An app may take delivery orders directly from customers (third-party food delivery service) or simply make deliveries to customers for restaurants or other apps (third-party courier service). The type of app is important for some worker protections, and the FAQ will include distinctions when necessary.

“Laws” mean NYC Administrative Code, Title 20, Chapters 2 and 15 (Laws that protect food delivery workers).

“Restaurant” means all food service establishments, which include restaurants, food halls, food carts, food stands, food trucks.

“Worker” means food delivery worker.

Sections

GENERAL INFORMATION

WHO AND WHAT THE LAWS COVER

PAY RATE

PAY AND TIP DISCLOSURES

DELIVERY DISTANCE AND ROUTE LIMITS

INSULATED FOOD DELIVERY BAG

BATHROOM ACCESS

RETALIATION

WORKER COMPLAINTS AND ENFORCEMENT

I. GENERAL INFORMATION

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1. What protections do food delivery workers have under the Laws?

Pay:

Apps must pay workers at least $19.56 per hour (not including tips) for time spent making deliveries. This minimum will increase on April 1 each year.

Apps must follow additional rules that increase pay. Workers should contact the app for information about pay.

Apps must pay workers at least once a week and offer a no-fee option to receive payment.

Apps must tell workers how much the customer tipped for each delivery and total pay and tips for the previous day. Exceptions apply. Workers should contact DCWP.

Routes:

Apps must tell workers route details before they accept a delivery. Details must include pickup address, estimated time and distance, tip, and pay.

Apps must allow workers to set limits on travel over bridges or through tunnels and the distance between a restaurant and a customer. Apps can’t offer workers trips beyond the limits they set.

Insulated Food Delivery Bag:

Apps must give workers a free insulated food delivery bag after six deliveries, upon request.

Bathroom Access:

Workers may have better access to restaurant bathrooms when they pick up orders. Exceptions apply. Workers should contact DCWP.

2. When did the Laws take effect?

Better access to restaurant bathrooms, with some exceptions, and the right to information about tips and pay took effect on January 24, 2022.

The rights to limit delivery distance and route, get trip information before accepting a delivery, get paid weekly without payment fees, and get an insulated bag took effect on April 22, 2022.

The New York State Supreme Court ruled on September 28, 2023 that apps should immediately pay delivery workers the Minimum Pay Rate. Note: Due to an ongoing lawsuit, DCWP is not currently enforcing the minimum pay rate for Relay Delivery, Inc. workers.

II. WHO AND WHAT THE LAWS COVER

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1. Which workers are covered by the Laws?

The Laws cover workers who:

Are classified as an independent contractor*.

Do deliveries for apps that offer restaurant delivery but do not own or operate the restaurants.

The Laws do not cover workers who are classified as employees. For example, the Laws do not cover restaurant workers who deliver food for the restaurant that employs them.

*Whether a worker is an employee or independent contractor depends on several factors. These include how much supervision, direction, and control the app has over the services being provided. Learn more at dol.ny.gov.

Example:
Juan works as a delivery worker for La Familia Restaurant. He delivers the food orders the restaurant receives directly via its phone and website. La Familia pays Juan by the hour. Juan is supervised by a La Familia manager. Juan does not make deliveries for any other business. Do the Laws cover Juan?
No. Juan is not covered by the Laws for two reasons.
1. The La Familia website is not owned and operated by an app; it is owned and operated by the restaurant.
2. Juan is an employee of La Familia Restaurant. He is not an independent contractor working for an app.

2. Do the Laws apply to undocumented workers?

Yes. All covered workers have the same rights and protections under the Laws, regardless of immigration status.

DCWP will not ask about workers’ immigration status and does not share worker information with any governmental entities that enforce immigration law.

3. Which apps are covered by the Laws?

Covered apps include third-party food delivery services and third-party courier services. For simplicity, this FAQ uses the word “app” to refer to both third-party food delivery services and third-party courier services.

Third-Party Food Delivery Services
A third-party food delivery service operates a website, mobile application, or other internet service that offers or arranges for the sale and same-day delivery or pickup of food and beverages prepared by a food service establishment** (usually, a restaurant) that the app does not own or operate.
Third-party food delivery services must have a license from DCWP to operate in New York City. Visit nyc.gov/dcwp to check if a business has a license.
Uber Eats, DoorDash, Grubhub, HungryPanda, and Fantuan are examples of third-party food delivery services.

Third-Party Courier Services
A third-party courier service does not take orders directly from consumers but does deliveries from a food service establishment** on behalf of a third-party food delivery service or the food service establishment, which the courier service does not own or operate.
Third-party courier services do not need a license from DCWP.
Relay is an example of a third-party courier service.

**Food service establishments include restaurants, as well as food halls, food carts, food stands, and food trucks. Food services can be eat-in or to-go. For simplicity, this FAQ uses the word “restaurant” to refer to all food service establishments.

4. Are workers who make non-food deliveries covered?

It depends.

If an app offers or makes deliveries from restaurants, then workers are protected by the Laws when they deliver items from other types of businesses, too.

Exception: The maximum distance per trip protections only apply to deliveries made from restaurants.

Example:
Rita usually makes food deliveries to consumers through Delivery Service A. However, she occasionally receives trip offers to pick up and deliver household items from a convenience store through Delivery Service A. Which delivery orders are covered by the Laws?
Rita is protected by the Laws for all delivery trips for Delivery Service A; however, the maximum distance protections do not apply to the deliveries from convenience stores.

5. Are workers who work in New York City but live outside of New York City covered by the Laws?

Yes. It does not matter where a worker lives.

III. PAY RATE

Note: Due to an ongoing lawsuit, DCWP is not currently enforcing the minimum pay rate for Relay Delivery, Inc. workers.

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1. What is the minimum pay rate?

The minimum pay rate, not including tips, is $19.56 per hour for pay periods that begin on or after April 1, 2024.

DCWP announces annual adjustments to the minimum pay rate on or before February 1 of each year.

2. What rules must apps follow to calculate worker pay?

An app may use one of two methods to calculate pay:
1) Standard Method OR
2) Alternative Method

1. Standard Method

Under the Standard Method, an app must meet two requirements.

The app’s payment to each worker must be at least the minimum pay rate multiplied by the worker’s trip time during the pay period.
For example, if a worker spends 10 hours on trips for an app in a pay period, and 5 hours on-call, the app can’t pay that worker less than $195.60 for the period (10 hours times $19.56).

The app’s total payments to all its workers together must meet or exceed the minimum pay rate multiplied by the sum of all its workers’ total trip time and on-call time during the pay period.
For example, if the app’s workers together spend 70,000 hours on trips and 30,000 on-call for the app in a pay period, the app’s total payments to these workers together can’t be less than $1,956,000 for the period (100,000 hours times $19.56).

The app is not required to pay each worker individually for on-call time under the Standard Method.

2. Alternative Method

Under the Alternative Method, workers have a right to higher pay for their trip time but no right to compensation for their on-call time. An app using the Alternative Method must meet the following requirement:

The app’s payment to each worker must be at least the minimum pay rate divided by 60%, then multiplied by the worker’s trip time during the pay period.
For example, if a worker spends 10 hours on trips for an app in a pay period, the app can’t pay that worker less than $326.00 for the period.

An app can choose which method applies to each pay period, as long as the app uses the same method for all workers.

As of April 1, 2024, an app may only choose the Alternative Method for a pay period if the app has a utilization rate above 53%, with limited exceptions.

Example: Standard Method
Albert and Brenda work for Delivery Service A. In Week 1, which is in October 2024, 5,000 delivery workers, in aggregate, engage in 60,000 hours of trip time and 40,000 hours of on-call time for Delivery Service A. These totals include Albert and Brenda who each had 30 hours of trip time and 20 hours of on-call time. Delivery Service A pays Albert $1,000. It pays Brenda $600. It pays all workers together $1,956,000. Has Delivery Service A complied with the requirements of the Standard Method?
Yes.
The individual requirement (i.) is met because Albert and Brenda each made more than $586.80 ($19.56 multiplied by 30 hours trip time).
The aggregate requirement (ii.) is met because Delivery Service A paid $1,956,000 ($19.56 multiplied by 100,000 hours of total trip time and on-call time.)

Example: Alternative Method
Albert and Brenda work for Delivery Service A. In Week 2, which is in October 2024, 5,000 delivery workers, in aggregate, engage in 60,000 hours of trip time and 40,000 hours of on-call time for Delivery Service A. These totals include Albert, who had 30 hours of trip time and 20 hours of on-call time, and Brenda, who had 20 hours of trip time and 30 hours of on-call time. Delivery Service A pays Albert $978. It pays Brenda $652. It pays all workers together $1,956,000. Has Delivery Service A complied with the requirements of the Alternative Method?
Yes.
Albert and Brenda were paid for their trip time per the Alternative Method’s requirement:
Albert: $19.56 (minimum pay rate) divided by 60% (32.60) multiplied by 30 hours trip time equals $978.
Brenda: $19.56 (minimum pay rate) divided by 60% (32.60) multiplied by 20 hours trip time equals $652.

3. What is a pay period?

A “pay period” is the seven-day time period an app sets and must use to calculate the money they owe workers. The pay period can start on any day of the week and at any hour of the day, but an app must establish a fixed, single pay period for all its workers.

4. How often must apps pay workers?

An app must pay workers at least once a week. An app must pay all money owed for a pay period within seven calendar days after the pay period ends.

5. What happens if an app does not pay on time?

A worker who is paid late may be entitled to $200 per late payment and/or three times the amount of any minimum payment owed.

6. What is trip time?

“Trip time” begins the moment a worker accepts an offer from an app to make a trip with a pickup or drop-off location in New York City (or receives an assignment to make a trip) and ends the moment the worker cancels or completes the trip. Trips usually include only one delivery, but they can include more than one delivery.

7. What is on-call time?

“On-call time” is when workers are connected to an app’s electronic system in a status where they can receive or accept trip offers with a pickup or drop-off location in New York City. On-call time does not include trip time.

8. What is the utilization rate?

An app’s utilization rate is calculated per pay period. The utilization rate is all workers' trip time for an app divided by the combined total of all workers’ trip time and on-call time for the app.

9. Are apps required to pay by the minute or by the hour?

No. An app may comply with the Laws using any basis of pay it chooses, including:

Hourly rate

Per-trip rate or per-order rate

Bonus or other lump-sum payment

Any other basis

10. Are apps required to tell workers in advance if pay is calculated based on the Standard Method or the Alternative Method?

No, an app is not required to inform workers of the method it is using. However, an app must document and report to DCWP the method used for each pay period.

11. Which pay method is better for workers?

The results for workers are the same. The Standard Method and Alternative Method are both designed so that workers, on average, are paid at or above the minimum pay rate when calculated over all hours of work, including both trip time and on-call time. Workers will receive higher pay than they did before the minimum pay rate went into effect.

12. What is NOT covered by the minimum pay rule?

Except for recordkeeping requirements and cases of retaliation, the Laws do not have requirements about:

The shifts that apps make available

The shifts that workers schedule

The hours that apps make available

The hours that workers work

The number of trips apps offer

Workers’ decisions about which trips to accept

The number of apps workers work for (i.e., multi-apping)

Onboarding and deactivation

"Order bundling”

Worker ratings

Apps may have requirements in these areas; however, it is not required by law.

13. Will third-party courier services have to pay the minimum pay rate?

Yes. Under the Laws, the minimum pay rate applies to third-party courier services.

Exception: The minimum pay rate is delayed for Relay, a third-party courier service, due to a lawsuit.

14. How will the minimum pay rate affect tipping?

An app can’t use tips to meet its obligations under the minimum pay rate. If a customer uses the app to pay a tip, the trip offer must show the tip amount. See IV. PAY AND TIP DISCLOSURES for more information.

15. Where should workers bring questions or concerns about their pay?

Workers may contact their app to ask how their pay was calculated.

Or workers can contact DCWP in one of the following ways:

Call 311 and say “delivery worker.”

Use DCWP Online Services at nyc.gov/workers to Ask a Question or File a Complaint.

16. What happens if an app does not pay the minimum pay rate?

If an app does not comply with its minimum pay obligations, workers may be entitled to three times the amount of any minimum payment owed.

17. Are apps required to pay the minimum pay rate when workers travel outside of New York City?

The minimum pay protections apply to trips that:

Include a pickup location in NYC; OR

Include a drop-off location in NYC.

Apps are not required to pay the minimum pay rate for trip time if both the pickup and drop-off locations are outside NYC.

On-call time must be included in the calculation for the Standard Method and for the Utilization Rate when the worker is connected to the app in a status where the worker is available to receive or accept trip offers or assignments with a pickup or drop-off location in New York City, even if the worker is not physically located within NYC.

IV. PAY AND TIP DISCLOSURES

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1. What details must apps give workers when offering a trip?

For every trip, before workers accept an offer, apps must tell workers all of the following:

Pickup location address

Estimated time and distance for the trip

Amount of any tip selected by a customer

Amount of pay or the hourly pay rate the worker will receive for the trip, without counting tips

See V. DELIVERY DISTANCE AND ROUTE LIMITS for more information about the estimated time and distance for each trip.

2. If an app adds a second delivery to a trip that is in progress, is it required to provide details for the new trip?

Yes. If an app offers to add another delivery to a trip a worker has already accepted, the app must tell the worker about the pickup location, estimated time and distance, the pay, and any tip for the additional delivery.

Example:
Rita receives and accepts an offer to deliver one order through Delivery Service A. The offer requires her to pick up one meal from Burgerville Restaurant and deliver it to a consumer at 123 Sesame Street. While traveling from Burgerville Restaurant with the first delivery order, Rita receives an offer to add a second delivery order to her trip. Pickup is at Hotdogville Restaurant, and the drop-off location is 125 Sesame Street. If Rita accepts the additional offer, what details must she get?
The app must give Rita all of the following details about the second delivery offer:
• Pickup address for Hotdogville Restaurant
• Estimated distance the second delivery would add to the accepted trip
• Estimated time the second delivery would add to the accepted trip
• Amount of tip selected by the customer for the second delivery
• Additional pay the worker would receive for accepting and completing the second delivery

3. Do apps need to pay the amount stated in the trip offer?

Yes. An app must pay at least the amount of pay and the tip shown in the trip offer.

Exception: If the customer changes the tip amount, the app is only required to pay the worker the tip the customer actually paid.

Note: If the trip offer showed an hourly pay rate, the app must pay the worker at least the hourly pay rate shown in the trip offer for the time the worker spends on the trip.

4. Do third-party courier services have to include customer tip in the trip offer even though they do not interact with customers directly?

Yes. All apps must tell workers in the trip offer the amount of tip chosen by a customer.

Example:
Courier Service B, a third-party courier service, receives an order from Delivery Service A, a third-party food delivery service, to make a delivery from Burgerville, a restaurant. Whose responsibility is it to disclose the amount of customer tip to the food delivery worker?
Because Courier Service B is arranging the delivery directly with the worker, it is Courier Service B’s responsibility to disclose any customer tip amount to the worker.

5. If a customer changes the tip, what information must apps give workers?

Third-party food delivery services must tell a worker if:

The customer paid an additional tip. OR

The customer decided to remove the tip and the reason the customer gave.

Note: Third-party courier services are not required to provide this information.

6. What information must workers receive about their total earnings?

Third-party food delivery services must track total pay and total tips earned each day and tell workers the totals the next day.

Exceptions:

A third-party food delivery service is not required to provide this disclosure if a worker has no earnings.

Third-party courier services are not required to provide daily pay and tip summaries.

7. Are apps required to offer customers a way to tip in the app?

No. Apps can choose whether to let customers tip using the app.

8. What trips are covered by pay disclosure and tip disclosure protections?

The pay disclosure and tip disclosure protections apply to offers for trips that:

Begin in New York City.

End in New York City. OR

Involve picking up food from a restaurant in New York City.

A trip begins in New York City if an app offers a trip to a worker who is physically located in New York City at the time of the offer, even if the restaurant and the drop-off location are outside of New York City.

9. Can apps charge a fee to process worker payments?

Apps must offer at least one no-fee option for workers to get paid.

Example:
Delivery Service A gives workers the option of being paid by direct deposit to a bank account with no fees or by paper check with a fee of $1 per payment. Is this legal?
Yes. Delivery Service A offers at least one form of payment that does not have fees.

10. Are workers entitled to compensation for violations of the pay disclosure and tip disclosure protections?

Yes. An app must pay a worker $200 per violation, with limited exceptions, for violations of the pay disclosure and tip disclosure protections.

V. DELIVERY DISTANCE AND ROUTE LIMITS

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1. What limits can workers set on trips?

Workers can:

Refuse any trips that require travel over a bridge or through a tunnel.

Refuse any trips that require travel over specific bridges or through specific tunnels. OR

Limit the distance between a restaurant and a customer.

The limits a worker sets can be temporary or long-term. An app can’t offer a trip outside of a worker’s limits. The ability to set limits protects workers who might otherwise feel forced to go long distances out of fear of losing work if they say no.

2. How often can workers set limits?

Apps must allow workers to change their limits at any time. Workers can change limits in real time to respond to conditions and hazards as they arise.

Example:
It is snowing, and Theresa does not want to make deliveries over the Brooklyn Bridge due to weather conditions. Can Theresa set this limit in the app?
Yes. Theresa can set this limit in the app, declining to receive trip offers that involve travel across the bridge for just the one night. The new limit is automatic and does not need to be approved.

3. What is a “trip” for purposes of the delivery distance and route protections?

A trip includes the time, distance, and route to get to the restaurant, pick up the order, and deliver the order. A single trip may include more than one pickup location and/or more than one drop-off location.

Examples:
Rita receives and accepts an offer to deliver two orders through Delivery Service A that have been bundled. The offer requires her to pick up two meals from Burgerville Restaurant and deliver one to a consumer at 123 Sesame Street and the other to a consumer at 500 Home Street. Both the pickup and drop-off locations are in New York City. How many trips is this?
The entire process—traveling to Burgerville Restaurant, traveling from the restaurant to 123 Sesame Street, traveling from Sesame Street to 500 Home Street—is one trip.
Rita receives and accepts an offer to deliver one order through Delivery Service A. The offer requires her to pick up one meal from Burgerville Restaurant and deliver it to a consumer at 123 Sesame Street. While traveling from Burgerville Restaurant with the first delivery order, Rita receives an offer to add a second delivery order to her trip. Pickup is at Hotdogville Restaurant, and the drop-off location is 125 Sesame Street. If Rita accepts the additional offer, how many trips is this?
The entire process—traveling to Burgerville Restaurant, traveling from Burgerville Restaurant to Hotdogville Restaurant, traveling from Hotdogville Restaurant to 123 Sesame Street, traveling from 123 Sesame Street to 125 Sesame Street—is one trip.

4. What trips are covered by delivery distance and route protections?

The delivery distance and route protections apply to offers for trips that:

Begin in New York City.

End in New York City. OR

Involve picking up food from a restaurant in New York City.

A trip begins in New York City if an app offers a trip to a worker who is physically located in New York City at the time of the offer, even if the restaurant and the drop-off location are outside of New York City.

5. How should an app calculate a trip’s estimated time and distance for the trip offer?

The estimated time and distance for a trip are the total time and total distance to complete the trip. This calculation must include:

Travel from the location where the worker accepts the offer to the pickup location

Time to pick up the order, including any time to prepare the order at the restaurant
(for example, placing the order, paying for the order, assembling the order)

Any waiting time (for example, at the restaurant or the customer’s location)

Travel from the pickup location to the customer’s delivery address

Time to deliver the order

Travel between pickup locations and drop-off locations (if more than one delivery order)

Note: The trip offer may show the expected or required time of the trip’s last drop-off instead of the estimated total time for the trip.

6. Can workers set limits on the zones in which they are willing to work?

No. The Laws do not give workers the right to select zones of work or geographic areas.

7. How do maximum distance limits work?

Apps must give workers the ability to specify the maximum distance they are willing to travel from the pickup location to the drop-off location.

Apps may not:

Offer a worker trips with distances farther than the maximum the worker sets

Require workers to set a maximum distance at more than one mile* as a condition of using the app.

Place any other limits on workers’ ability to specify a maximum distance.

*Note: If an app sets its lowest maximum distance option more than one mile, DCWP will take enforcement action.

To measure the distance of a trip, the start point is the first restaurant where the worker picks up an order(s), and the end point is the last delivery address. The distance from the worker’s location when they accept an offer to the restaurant is not included in the maximum distance calculation.

Type of measurement: Maximum distance (set by worker)
What measurement includes:

Distance from first pickup location to last drop-off location

Distance of a trip (disclosed by app with offer)
What measurement includes:

Distance from worker’s location at time of offer to first pickup location

Distance from pickup location to customer’s delivery address

If more than one delivery order:

Distance between pickup locations

Distance between drop-off locations

Example:
Marie sets a 5-mile maximum distance in the Delivery Service A app. Delivery Service A sends her an offer to pick up an order from Burgerville Restaurant and deliver it to 123 Sesame Street, a 4.8 mile distance from Burgerville to Sesame Street. Marie is in her car .5 miles from Burgerville when she receives the offer. Is the trip offer legal?
Yes. Even though Marie will need to drive a total of 5.3 miles to pick up and deliver the order, the distance between the order’s pickup and drop-off locations is 4.8 miles, which is within the 5-mile maximum distance Marie set in the app.

8. Can apps lower a worker’s internal rating for rejecting a trip offer that violates the limits the worker set?

No. Workers have a right to reject trip offers that are outside the limits they set. It’s illegal for apps to retaliate against workers who exercise their rights. See VIII. RETALIATION.

Note: An app can lower a worker’s internal rating for rejecting a trip offer that does not violate the limits the worker set.

9. Can an app penalize a worker for setting a low maximum distance?

No. This would be unlawful retaliation.

An app can’t discriminate against workers who set a shorter maximum distance when deciding who should receive a trip offer within their maximum distance. However, a worker who sets a shorter maximum distance may be eligible for fewer trip offers than a worker who sets a longer maximum distance.

Example:
Worker A sets a 2-mile maximum distance. Worker B sets a 4-mile maximum distance. Delivery Service A offers two trips to Worker A. Delivery Service A also offers the same two trips to Worker B and three additional trips to Worker B. The additional trip offers are each approximately 3 miles. Is this legal?
Yes. Delivery Service A can’t offer the three additional trips to Worker A because of Worker A's maximum distance limit. Delivery Service A was not punishing Worker A by not offering Worker A the three additional trips.

10. Are workers entitled to compensation for violations of delivery distance and route protections?

Yes. An app must pay a worker $200 per violation for violations of the delivery distance and route protections.

VI. INSULATED FOOD DELIVERY BAG

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1. When do workers get a free bag?

After workers complete six deliveries for an app, they can request a free insulated food delivery bag that the app must provide. Workers typically can request the bag by contacting an app through its support chat.

2. How can workers get the bag?

Workers may ask the app to send the bag to a specified delivery address, or workers may arrange to pick up the bag from the app.

3. Can workers ask for a replacement bag?

Yes. If the bag is stolen, lost, or damaged, an app must provide a free replacement bag. However, an app can limit the free replacement to one bag every six months.

4. Are there any requirements for the bag?

For workers who operate a bicycle or e-bike, the bag must not prevent them from keeping at least one hand on the handlebars.

5. Are workers entitled to compensation for a violation of the obligation to provide a free bag?

Yes. An app must pay a worker $200 for a violation.

VII. BATHROOM ACCESS

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1. When can food delivery workers use a restaurant bathroom?

Food delivery workers must be allowed to use the bathroom at restaurants in New York City that have signed agreements with apps that require them to provide bathroom access. DCWP strongly encourages all restaurants to give bathroom access to food delivery workers.

Note:

New service contracts between apps and restaurants signed on or after January 24, 2022 must include the requirement that restaurants let food delivery workers use the bathroom when picking up orders.

Exception: Restaurants do not have to provide bathroom access if it would create a health and safety risk; for example, if a food delivery worker must walk through the kitchen to access the bathroom.

Service contracts between apps and restaurants signed before January 24, 2022 are not required to include the requirement that restaurants provide bathroom access.

2. What should food delivery workers do if a restaurant tells them the bathroom is for customers only or refuses bathroom access for any other reason?

Food delivery workers refused access to a restaurant bathroom should file a complaint with DCWP. Workers should include in the complaint all of the following:

Estimated date and time of denied access

Name of the restaurant

Name of the app for which they were working

3. Are workers entitled to compensation for a bathroom access violation?

No. However, DCWP encourages workers to file complaints so DCWP can take appropriate steps with the app and the restaurant.

VIII. RETALIATION

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1. Can apps punish workers for exercising their rights?

No. Retaliation is illegal. Apps can’t punish, penalize, retaliate, or take any action against workers that might stop or deter them from exercising or attempting to exercise rights under the Laws. Workers should immediately contact DCWP about retaliation. Use DCWP Online Services at nyc.gov/workers to File a Complaint.

2. What is retaliation?

Retaliation is any act that penalizes a worker for, or is reasonably likely to deter a worker from, exercising rights under the Laws.

Retaliation can include threats, intimidation, harassment, actions related to perceived immigration status or work authorization, discipline, discrimination, reduction in hours or pay, and other negative consequences imposed on a worker.

Retaliation also includes denial of work opportunities because workers exercised or attempted to exercise their rights under the Laws. Denial of work opportunities includes but is not limited to:

Deactivating a worker, permanently or temporarily

Downgrading a worker’s public or internal rating

Any act that results in a worker not being offered a trip or shift

Note: It is not retaliation not to offer a trip that is beyond a worker’s maximum distance, bridge, and tunnel limits.

A worker does not have to explicitly refer to a specific section of the Laws in order to be protected from retaliation. Retaliation exists when the protected activity was a motivating factor for the retaliatory act, even if other factors also motivated the act. Workers are protected from retaliation even if they mistakenly, but in good faith, assert their rights under the Laws.

3. What is deactivation?

Deactivation is when an app stops offering shifts or trips to workers, permanently or temporarily, or otherwise prevents workers from continuing to make deliveries through the app. This may be retaliatory if it penalizes workers for exercising or attempting to exercise their rights under the Laws.

4. What is an internal or public worker rating?

Workers who make deliveries for an app often receive a rating from customers or from the app that takes into account specific performance metrics. The rating can be visible to the worker only, to the public, or some combination. Reducing or downgrading a worker’s ratings is retaliatory if it penalizes the worker for exercising or attempting to exercise rights under the Laws or is reasonably likely to deter a worker from exercising rights.

Examples:
Elizabeth works for Delivery Service B. Delivery Service B uses a rating system and has a policy of automatically deactivating workers whose rating falls below 80. One day, Elizabeth sets her maximum distance in Delivery Service B’s app at 2 miles. After setting her 2-mile maximum distance, she receives an offer to pick up an order from a restaurant .5 miles away and deliver it to a drop-off address 3 miles from the restaurant. She rejects the offer because she does not want to travel that far. The rejection results in Elizabeth’s rating dropping below 80, and Delivery Service B automatically deactivates Elizabeth per its policy. Is this retaliation?
Yes. The app dropped Elizabeth’s rating after she set a maximum distance and rejected an offer outside of her limit which she had a right to do.
Gabrielle works for Delivery Service C, which has a policy of automatically deactivating workers who reject three offers in a row. Gabrielle prefers to work only in Western Queens. One day, Gabrielle receives three trip offers in a row that are outside of Western Queens but do not exceed the maximum distance she set. Gabrielle rejects all three offers and is deactivated per Delivery Service C’s policy. Is this retaliation?
No. The offers Gabrielle rejected did not exceed the maximum distance she set or otherwise violate the Laws. Gabrielle may prefer to make deliveries in Western Queens; however, she does not have the right to select zones of work or geographic areas.
Juanita works for Delivery Service C. One week in December 2024, the app pays her $250 for a week in which she worked 15 hours total (10 trip time hours, 5 on-call hours). Juanita believes that she should have been paid $293.40 (minimum pay rate of $19.56 multiplied by 15 total hours) for the week and submits a complaint to her app through its support chat. A representative provides a breakdown of Juanita’s pay for the week which shows that she was properly paid under the Standard Method: $19.56 per hour for 10 hours of trip time ($195.60) plus an additional supplement of $54.40. Can the app take any action against Juanita?
No. Even though Juanita was mistaken about her rights under the Laws, the app can’t take any adverse action against her—for example, deactivation—for making the complaint through its support chat.

5. If an app deactivates a worker, can the app withhold pay for deliveries the worker completed?

No. An app must pay a worker for all deliveries the worker completed before the worker was deactivated. Workers who are not paid, or paid late, may be entitled to $200 per late payment and/or three times the amount of any minimum payment owed.

6. What can workers do if they believe they were deactivated unlawfully?

If the worker’s app has an appeal process, the worker may choose to use it. Workers can also file complaints with DCWP in one of the following ways:

Call 311 and say “delivery worker.”

Use DCWP Online Services at nyc.gov/workers to Ask a Question or File a Complaint.

7. Are workers entitled to compensation for retaliation?

Yes. If an app retaliates against a worker, it must pay the worker between $500 to $2,500 plus the worker’s lost earnings.

IX. WORKER COMPLAINTS AND ENFORCEMENT

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1. What records must apps keep under the Laws?

Apps must keep and maintain records documenting their compliance with the Laws’ requirements. See Subchapter H of Chapter 7 of Title 6 of the Rules of the City of New York.

2. Can workers file complaints with DCWP?

Yes. Workers can file complaints with DCWP if they believe their rights under the Laws have been violated. The complaint form is available at nyc.gov/workers. Workers can also call 311 (212-NEW-YORK outside NYC) and ask to be transferred to a DCWP representative to assist them in filing a complaint over the phone.

3. Is there a deadline for workers to file complaints with DCWP?

Workers must file their complaint within two years of the date they knew or should have known of the violation(s) they allege.

4. Does DCWP have to investigate all complaints?

The Laws require DCWP to investigate all timely complaints it receives related to:

Minimum pay

Timely pay and payment fees

Trip distance and route limits

Trip offer disclosures

Insulated bags

Retaliation related to exercising rights

5. Must apps respond to requests for information from DCWP?

Yes. If a worker files a complaint with DCWP, DCWP will contact the app to request documents, information, and other responses to the investigation.

6. What does DCWP do with complaints?

DCWP investigates complaints to identify any potential violation of the Laws. This involves collecting information from the worker, the app, and any other parties that may have relevant information. If, as a result of an investigation, DCWP believes a violation occurred, DCWP attempts to resolve the case and bring the app into compliance.

If DCWP and the app are unable to reach a resolution, DCWP may pursue a case at the NYC Office of Administrative Trials and Hearings (OATH).

7. Does DCWP keep workers’ identities confidential?

Yes. DCWP keeps the identity of complainants and witnesses—including people who provide information to DCWP who are not complainants—confidential unless disclosing their identity is necessary to resolve the investigation or is otherwise required by law. DCWP will notify complainants before disclosing their identity whenever possible.

8. Does a worker’s immigration status affect the ability to file a complaint?

No. All workers have the same rights and protections under the Laws, regardless of immigration status. DCWP does not collect any information about a complainant’s immigration status.

9. Can DCWP issue violations for failing to respond to an investigation?

Yes. DCWP may file a case at OATH against an app that fails to respond to an investigation or to provide information, records, or access to records requested by DCWP in connection with an investigation.

10. What happens if a case does not settle but proceeds at OATH?

An Administrative Law Judge (ALJ) may hear testimony from DCWP, the app, and any witnesses. Under the Laws, the ALJ may order an app to pay restitution and civil penalties.

Following any trial, OATH issues recommended decisions that are reviewed by DCWP’s Commissioner who has the authority to issue a final decision.

11. What are the consequences for violations of the Laws?

An app that violates the Laws may be ordered to:

Pay restitution to affected workers.

Pay civil penalties to the City.

Undergo ongoing monitoring by DCWP to ensure that it does not violate workers’ rights in the future.

Take other measures as appropriate.

Also, the City may sue an app in state court to obtain an injunction against some or all of its practices or to obtain other relief.

12. Do the Laws authorize workers to bring an action in court to enforce their rights?

Yes. Workers alleging violations of certain provisions of the Laws may initiate civil actions in court to enforce their rights. A worker must file a court action within two years of the date the worker knew or should have known of the alleged violation(s).

10/2024