Administrative Code of the City of New York (as amended)

§ 20-1521 Delivery distance and route. 

 

a. Each third-party food delivery service and third-party courier service shall provide each food delivery worker with the ability to specify: 

 

1. the maximum distance per trip, from a food service establishment where such worker will pick up food, beverages, or other goods, that such worker will travel on trips;

 

2. that such worker will not accept trips that require travel over any bridge or over particular bridges chosen by such worker; and  

 

3. that such worker will not accept trips that require travel through any tunnel or through particular tunnels chosen by such worker. 

 

b. Each third-party food delivery service and third-party courier service shall allow each food delivery worker to change the parameters established by such worker pursuant to subdivision a at any time. 

 

c. A third-party food delivery service or third-party courier service shall not offer any food delivery worker any trip that is inconsistent with the parameters established by such worker and shall not penalize a food delivery worker for selecting or changing such parameters. 

 

d. Each time a third-party food delivery service or third-party courier service offers a trip to a food delivery worker, before such worker accepts such trip, such third-party food delivery service or third-party courier service shall disclose to such worker the following information:  

 

1. the address where the food, beverage or other goods must be picked up;

2. the estimated time and distance for the trip;  

3. the amount of any gratuity, if specified by the consumer; and

4. the amount of compensation to be paid to the food delivery worker, excluding any gratuity.

 

e. The requirements of this section shall apply to trips that originate in the city, end in the city or involve picking up food from a food service establishment located in the city. 

 

For related unconsolidated provisions, see Appendix A at L.L. 2021/118. 

§ 20-1522 Minimum payment. 

 

a. 1. The department shall study the working conditions for food delivery workers. In conducting such study, the department may coordinate with any other agency, organization, or office that can assist in such study. Such study shall include, at minimum, consideration of the pay food delivery workers receive and the methods by which such pay is determined, the total income food delivery workers earn, the expenses of such workers, the equipment required to perform their work, the hours of such workers, the average mileage of a trip, the mode of travel used by such workers, the safety conditions of such workers, and such other topics as the department deems appropriate. In conducting such study, the department shall not be required to consider the business model or operations of any third-party food delivery service or third-party courier service, any differences between or among the business models or operations of third-party food delivery services and third-party courier services, or the potential impact on any third-party food delivery service or third-party courier service of establishing any minimum payment requirement pursuant to this section. 

 

2. In furtherance of such study, the department may issue orders or subpoenas for the production of data, documents, and other information from a third-party food delivery service or third-party courier service relating to food delivery workers that include, but are not limited to, worker identifiers, information about the times that such workers are available to work for such third-party food delivery service or third-party courier service, the mode of transportation such workers use, how trips are offered or assigned to food delivery workers, the data such service maintains relating to the trips of such workers, the compensation such workers receive from such third-party food delivery service or third-party courier service, any gratuities such workers receive, information relating to both completed and cancelled trips, agreements with or policies covering such workers, contact information of such workers, information relating to the setting of fees paid by food service establishments and consumers, and any other information deemed relevant by the department. In accordance with applicable law and rules and with appropriate notice, a third-party food delivery service or third-party courier service must produce such information to the department in its original format or a machine-readable electronic format as set forth in rules of the department. 

 

3. Based on the results of the study conducted pursuant to paragraph a of this subdivision, and no later than January 1, 2023, the department shall by rule establish a method for determining the minimum payments that must be made to a food delivery worker by a third-party food delivery service or third-party courier service. In establishing such method, the department shall, at minimum, consider the duration and distance of trips, the expenses of operation associated with the typical modes of transportation such workers use, the types of trips, including the number of deliveries made during a trip, the on-call and work hours of food delivery workers, the adequacy of food delivery worker income considered in relation to trip-related expenses, and any other relevant factors, as determined by the department. In establishing such method, the department shall not be required to consider the business model or operations of any third-party food delivery service or third-party courier service, any differences between or among the business models or operations of third-party food delivery services and third-party courier services, or the potential impact on any third-party food delivery service or third-party courier service of establishing such a method.- Any rules promulgated by the department pursuant to this subdivision shall not prevent payments to food delivery workers from being calculated on an hourly or weekly basis, or by any other method, provided that the actual payments made to such workers comply with the minimum payment requirements determined by the department. The department may establish a single method for determining minimum payments to food delivery workers by any third-party food delivery service or third-party courier service. Nothing in this section shall be construed as requiring the department to establish a method for determining minimum payments to a food delivery worker retained by any third-party food delivery service or any third-party courier service that is tailored to the circumstances of a particular service or is different than the method for determining minimum payments to a food delivery worker retained by any other third-party food delivery service or third-party courier service. 

 

b. Any minimum payment determined by the department pursuant to this section shall not include gratuities. A third-party food delivery service or third-party courier service shall not retain any portion of any gratuity or use gratuities to offset or cover any portion of minimum payments required by this section. A third-party food delivery service shall clearly and conspicuously disclose to food delivery workers which payments constitute gratuities from consumers and which payments constitute compensation paid by the third-party food delivery service. 

 

c. Beginning February 1, 2024 and no later than February 1 of each year thereafter, the department shall announce any update to any minimum payment method established pursuant to this section if it determines an update is warranted or necessary. Any such update shall become effective the following April 1 after it has been announced. If the department determines that an amendment to any minimum payment standard is warranted or necessary, it is hereby authorized to promulgate such amendment by rule.

 

 d. The department shall, no later than September 30, 2024, and 2 years thereafter, submit to the council and the mayor a report on any minimum payment standard, any amendment to any such standard, and the effect of any such minimum payment standard on contracted delivery workers and the delivery industry. 

 

e. Reserved. 

 

f. No later than 18 months after the effective date of the local law that added this subdivision, the department shall by rule establish 1 or more methods for determining the minimum payments a delivery service shall make to a contracted delivery worker retained by such service. Any minimum payment determined pursuant to any such method shall include: 

 

1. A labor component, which shall be no less than the minimum wage required pursuant to paragraph a of subdivision 1-a or paragraph a of subdivision 1-b of section 652 of the labor law, or its successor provisions;

 

2. A benefit component, which shall be no less than an amount equal to the value of benefits required to be provided by employers to employees in the city pursuant to city, state, or federal law, as determined by the department;

 

3. An expense component, which shall be sufficient to cover ordinary and necessary expenses of a contracted delivery worker, as determined by the department.

 

g.   In establishing any method pursuant to subdivision f, the department shall consider factors including, but not limited to, the minimum pay and benefits that are required to be provided by employers to employees in the city pursuant to city, state, or federal law; the pay and benefits received by employees or independent contractors in the city performing work similar to the work performed by contracted delivery workers or working in similar industries as contracted delivery workers; ordinary and necessary expenses of contracted delivery workers; and any other relevant factor, as determined by the department. In establishing such method, the department may, but is not required, to consider variations among the business models or operations of delivery services, including potential impacts on any delivery service of establishing such a method, and variations among the working conditions of contracted delivery workers, including variations in compensation of contracted delivery workers, the total income different contracted delivery workers earn, the expenses of such workers, the equipment used by such workers, the hours of such workers, whether any such worker reports to a designated location prior to commencing work for a delivery service, and such other topics as the department deems appropriate. The department may establish a single method for determining minimum payments to contracted delivery workers by any delivery service, or may establish 1 or more methods for determining minimum payments to such workers by any such service. Any method established pursuant to subdivision f may include individual criteria for determining the minimum payments a delivery service shall make to each contracted delivery worker retained by such service, or aggregate criteria for determining the total amount of minimum payments a delivery service shall make to all contracted delivery workers retained by such delivery service, or both such individual criteria and aggregate criteria. Nothing in this subdivision shall be construed as requiring the department to establish a method for determining minimum payments to a contracted delivery worker retained by a delivery service that is tailored to the circumstances of such service. 

 

For related unconsolidated provisions, see Appendix A at L.L. 2021/118, L.L. 2025/123 and L.L. 2025/124.  

 

§ 20-1523 Payments to workers. 

 

a. A third-party food delivery service or third-party courier service shall not charge or impose any fee on a food delivery worker for the use of any form of payment selected by such service to pay such worker for work performed. 

 

b. A third-party food delivery service or third-party courier service shall pay a food delivery worker for work performed no less frequently than once a week. 

 

For related unconsolidated provisions, see Appendix A at L.L. 2021/118. 

§ 20-1524 Insulated food delivery bags. 

 

a.   1.   A third-party food delivery service or third-party courier service shall provide at its own expense, or ensure the availability of, an insulated food delivery bag to each food delivery worker, provided that such worker has completed at least six deliveries for such service. Such service may not require any food delivery worker to provide an insulated food delivery bag at such worker's expense. Such insulated food delivery bag must be designed for use in accordance with section 1235 of the vehicle and traffic law. 

 

2.   Nothing in this section shall be construed to require the use of insulated delivery bags by food delivery workers. (L.L. 2021/113, 10/24/2021, eff. 4/22/2022; Am. L.L. 2021/118, 10/24/2021, eff. 4/22/2022)  

 

§ 20-1525 Fire safety materials. 

 

a. The department, in consultation with the fire department, shall identify materials developed pursuant to section 15-147, regarding the fire risks posed by powered mobility devices and safety measures that mitigate such risks, for dissemination to food delivery workers. The department shall publish such materials on the city's website. 

 

b. A third-party food delivery service or third-party courier service shall provide the materials identified by the department pursuant to subdivision a of this section to a food delivery worker hired, retained, or engaged by any such service. A third-party food delivery service or third-party courier service shall provide such materials by email and as a link within a text message sent to a food delivery worker no later than sixty days after the department publishes such materials pursuant to subdivision a of this section. Such materials shall be provided in English, the designated citywide languages as defined in section 23-1101, and any additional languages as determined by the commissioner, provided that the department has published the materials in such additional languages. (L.L. 2023/041, 3/20/2023, eff. 9/16/2023)

 

§ 20-1526 Powered mobility devices. 

 

a. Any powered mobility device operated by a contracted delivery worker on behalf of a delivery service shall meet the requirements for a compliant delivery device. Any such powered mobility device shall be provided at the expense of such delivery service, provided such delivery service may permit a contracted delivery worker to make deliveries using a personal compliant delivery device, and provided further that such delivery service shall not require, as a term of employment or as a term of any contract, any of its contracted delivery workers to provide such a device at the expense of such worker. Failure by a contracted delivery worker to obtain a compliant delivery device at the expense of such worker shall not be the basis for the deactivation of such worker. 

 

b.  Subdivision a of this section shall not apply to a delivery service that participates in a program to provide new powered mobility devices that meet the requirements for a compliant delivery device and are capable of performing contracted delivery work assigned by the delivery service, at reduced cost or no cost, to a contracted delivery worker who trades in an eligible device. Participation in such program shall include an annual contribution of 1,600 such powered mobility devices for any delivery service that retains at least 5,000 delivery workers, or it shall include an annual contribution of 500 such powered mobility devices for any delivery service that retains less than 5,000 delivery workers. Participation in such program shall also include targeted communications and dissemination of information regarding such program to contracted delivery workers retained by such service. Participation is deemed complete and the provisions of this subdivision are satisfied upon the provision of at least 8,000 such powered mobility devices for any delivery service that retains at least 5,000 delivery workers, or the provision of at least 2,500 such powered mobility devices for any delivery service that retains less than 5,000 delivery workers. A participating delivery service may include their contribution of such powered mobility devices to such program up to one year prior to the effective date of this local law toward the total number of such powered mobility devices contributed to such program for purposes of satisfying the provisions of this subdivision. 

 

c. Subdivision a of this section shall also not apply to a delivery service that participates in a subscription program or service that allows contracted delivery workers retained by such delivery service to have access to a compliant delivery device at reduced cost or no cost while delivering for such service. Participation by a delivery service is deemed complete and the provisions of this subdivision are satisfied upon the provision of at least 52 weeks of access to such subscription program or service for at least half of all contracted delivery workers retained by such service. (L.L. 2025/095, 7/30/2025, eff. 1/26/2026)

 

§ 20-1527 Toilet facility access. 

 

a.   A food service establishment or other business with a premises located in the city that sells or provides goods delivered by a contracted delivery worker shall provide access to a toilet facility located on such premises to a contracted delivery worker that picks up such goods from such premises, including selecting, assembling, or packing such goods on such premises. 

 

b.   Notwithstanding subdivision a, such an establishment or business is not required to provide access to a toilet facility to a contracted delivery worker where: 

 

1. Accessing a toilet facility would require a contracted delivery worker to walk through a kitchen, food preparation or storage area, or utensil washing area of a food service establishment;

 

2. Accessing the toilet facility would create an obvious health or safety risk to the contracted delivery worker or to the food service establishment or business; or

 

3. The commissioner has promulgated by rule an applicable exception to the requirement to provide access to a toilet facility as set forth in subdivision a. (L.L. 2025/123, 9/10/2025, eff. 1/26/2026

 § 20-1504 Retaliation. 

 

No person shall take any adverse action against a contracted delivery worker that penalizes such worker for, or is reasonably likely to deter such worker from, exercising or attempting to exercise any right protected under this chapter. Adverse actions include threats, intimidation, harassment, discipline, denial of work opportunities to or discrimination against a contracted delivery worker, reduction in hours or pay, reduction or downgrade of a worker's public or internal rating, and other negative consequences imposed on a contracted delivery worker, including actions related to perceived immigration status or work authorization. A contracted delivery worker need not explicitly refer to this chapter or the rights enumerated herein to be protected from retaliation. (L.L. 2021/114, 10/24/2021, eff. 4/22/2022; Am. L.L. 2025/123, 9/10/2025, eff. 9/10/2025) 

§ 20-1526 Powered mobility devices. 

 

d.   (…) Failure by a contracted delivery worker to obtain a compliant delivery device at the expense of such worker shall not be the basis for the deactivation of such worker. 

 § 20-1507 Administrative enforcement. 

 

a. The commissioner shall enforce the provisions of this chapter. 

 

b. 1. Any person alleging a violation of this chapter may file a complaint with the department within 2 years of the date the person knew or should have known of the alleged violation. 2. Upon receiving such a complaint, the department shall investigate it. 3. The department may open an investigation on its own initiative. 4. A person or entity under investigation shall, in accordance with applicable law, provide the department with information or evidence that the department requests pursuant to the investigation. The department may attempt to resolve an investigation concerning a violation of this chapter through any action authorized by chapter 64 of the charter.

 

Adjudicatory powers pursuant to this subchapter may be exercised by the commissioner or by the office of administrative trials and hearings pursuant to chapter 64 of the charter, in accordance with any delegation of such adjudicatory powers by the department to such office pursuant to paragraph (1) of subdivision (h) of section 2203 of the charter. 5. The department shall keep the identity of any complainant confidential unless disclosure is necessary to resolve the investigation or is otherwise required by law. The department shall, to the extent practicable, notify such complainant that the department will be disclosing the complainant's identity before such disclosure. 

 

c. The commissioner may promulgate rules necessary and appropriate to the administration of this chapter. (L.L. 2021/114, 10/24/2021, eff. 4/22/2022; Am. L.L. 2025/123, 9/10/2025, eff. 9/10/2025)

 

§ 20-1511 Private cause of action.

 

 a. Any person alleging a violation of the following provisions of this chapter may bring a civil action, in accordance with applicable law, in any court of competent jurisdiction: 1. section 20-1504; 2. section 20-1521; 3. section 20-1522, including any minimum payment established by rule pursuant to section 20-1522; 4. section 20-1523; and 5. section 20-1524.

 

b.   Such court may order compensatory, injunctive and declaratory relief, including the remedies set forth in section 20-1508, and reasonable attorney's fees and costs.

 

c.   A civil action under this section shall be commenced within 2 years of the date the person knew or should have known of the alleged violation.

 

d.   1.   Any person filing a civil action shall simultaneously serve notice of such action and a copy of the complaint upon the department. Failure to so serve a notice does not adversely affect any person's cause of action. 2. A worker need not file a complaint with the department pursuant to subdivision b of section 20-1507 before bringing a civil action; however, no person shall file a civil action based on the same facts as a complaint filed with the department pursuant to subdivision b of section 20-1507 unless such complaint has been withdrawn or dismissed without prejudice to further action. 3. No person shall file a complaint with the department pursuant to subdivision b of section 20-1507 based on the same facts as a civil action filed pursuant to this section unless such action has been withdrawn or dismissed without prejudice to further action. 4. The commencement or pendency of a civil action by a worker does not preclude the department from investigating a delivery service or commencing, prosecuting or settling a case against a delivery service based on some or all of the same violations. (L.L. 2021/114, 10/24/2021, eff. 4/22/2022; Am. L.L. 2025/123, 9/10/2025, eff. 9/10/2025)

§ 20-1512 Civil action by corporation counsel for pattern or practice of violations. 

 

a. 1.   Where reasonable cause exists to believe that a delivery service is engaged in a pattern or practice of violations of this chapter, the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction. 2. The corporation counsel shall commence such action by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, relief for contracted delivery workers set forth in section 20-1508, civil penalties set forth in section 20-1509, and any other appropriate relief. 3. Such action may be commenced only by the corporation counsel or such other persons designated by the corporation counsel. 4. Nothing in this section prohibits (i) the department from exercising its authority under sections 20-1507 through 20-1509 or (ii) a person alleging a violation of this chapter from filing a complaint pursuant to section 20-1507 or a civil action pursuant to section 20-1511 based on the same facts pertaining to such a pattern or practice, provided that a civil action pursuant to this section shall not have previously been commenced. 

 

b.   Investigation. The corporation counsel may initiate any investigation to ascertain such facts as may be necessary for the commencement of a civil action pursuant to subdivision a of this section, and in connection therewith shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as are deemed necessary. (L.L. 2021/114, 10/24/2021, eff. 4/22/2022; Am. L.L. 2025/123, 9/10/2025, eff. 9/10/2025)