The New York City Council has passed various bills on September 23, 2021, offering protection to delivery workers in New York. The bills are awaiting Mayor’s assent.
The key bills passed by the Council are:
- Prohibition on Fees for Payment of Wages: Bill 2296-2021 entails payment to delivery workers by third-party food delivery services on a weekly basis. The Bill also forbids third-party food delivery services from charging delivery workers a fee in order to obtain their wages and tips in a specific payment method, such as direct deposit or check.
- Disclosure of Gratuity Polices: Bill 1846-2020 prohibits third-party food delivery services from soliciting a tip from a customer unless it also discloses (i) the proportion or fixed amount of each tip that will be distributed to the food delivery worker, (ii) the manner in which the tip is provided to the worker (whether immediately or not), and (iii) the method in which the tip will be provided (in cash or another method).
Third-party food delivery services must maintain for at least three years records indicative of compliance with the above requirements as a condition of maintaining a license to operate in New York .
- Geographic Limits on Delivery: Bill 2289-2021 provides for better working conditions for workers and requires that third-party food delivery services permit workers to set limits on distance and routes for deliveries.
1. Third-party food delivery services must inform the delivery worker, prior to the trip, the address where the food, beverage or other goods must be picked up, the estimated time and distance per trip, whether the customer provided a gratuity, and the compensation for the trip (excluding gratuity).
2. In any event of violation, a third-party food delivery service will be subject to a $500 fine for the first violation and, for subsequent violations that occur within two years of any previous violation, up to $750 for the second violation and up to $1,000 for each succeeding violation. Food delivery workers will also be entitled to seek compensatory damages in actions against third-party food delivery service for any violations under the law.
- Insulated Food Bags to Be Provided to Delivery Workers: Bill 2288-2021 requires third-party food delivery services to provide, at their own expense, insulated food bags to food delivery workers that have worked at least six deliveries for the service. Previously, a third-party food delivery service could require its workers to provide insulated food bags at their own expense.
In case of violation, the bill gives the Department the power to deny, suspend, or revoke a third-party delivery service’s license to operate in New York.
- Bathroom Access for Delivery Workers: Bill 2298-2021 states that bathroom facilities to food delivery workers shall be provided, so long as the delivery worker is picking up an order for delivery. Such facilities must be included in its contracts with restaurants. However, the bill notes that a restaurant is not required to do so if (i) accessing the toilet facility would require a worker to walk through the establishment’s kitchen, food preparation area, storage area or utensil washing area or (ii) accessing the facility “would create an obvious health and safety risk to the food delivery worker or to the establishment.”
*Tanvi Singh, Editorial Assistant has reported this brief.
