Contracted Delivery Workers

RCNY tit. 6, ch. 7, subch. H

in effect

6 RCNY § 7-801 Definitions.

§ 7-801 Definitions. (a) As used in this subchapter, the following terms have the following meanings: (1) "Cancellation" or "Cancelled", when used with respect to a trip or delivery, means that the trip or delivery ends prior to drop-off of an order with the customer. When used with respect to trips including multiple deliveries, the terms mean that the trip ends prior to the completion of all planned drop-offs on the trip. The terms encompass cancellation initiated by a customer, a contracted delivery worker, or a delivery service. (2) "Direct distance" also known as the "as-the-crow-flies" distance, means the length of a direct path between two locations, without accounting for detours, roads, or geographic obstacles. (3) "Internal identifier" means a character string comprised of letters, numbers, or symbols that a delivery service assigns to a contracted delivery worker for purposes of uniquely identifying such worker within its records. (4) "Merchant" means a food service establishment, grocery store or other retail food establishment, or other business that sells or provides goods delivered to a customer by a contracted delivery worker. (5) "On-call time" means the time a contracted delivery worker is connected to a delivery service's electronic system for arranging or monitoring trips in a status where the contracted delivery worker is available to receive or accept trip offers or assignments with a pickup or drop-off location in New York City and excludes all trip time. (6) "Routed distance" means the distance a contracted delivery worker would have to travel to follow a defined path that connects two or more locations using a public right-of-way. (7) "Third-party courier service" means a delivery service that (i) facilitates the same-day delivery or same-day pickup of food, beverages, or other goods from a food service establishment on behalf of such food service establishment or a third-party food delivery service; and (ii) is owned and operated by a person other than the person who owns such food service establishment. (8) "Third-party food delivery service" means a delivery service that: (i) offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, a food service establishment; and (ii) is owned and operated by a person other than the person who owns such food service establishment. (9) "Third-party grocery delivery service" means a delivery service that: (i) facilitates, offers or arranges for the delivery of goods from a retail food establishment; and (ii) is owned or operated by a person other than the person who owns such retail food establishment. (10) "Trip time" means the span of time between the moment a contracted delivery worker accepts an offer from a delivery service to perform a trip with a pickup or drop-off location in New York City, or receives an assignment to perform such a trip, through the moment such trip is completed or cancelled. (11) "Utilization rate" means a third-party food delivery service, third-party courier service, or third-party grocery delivery service's total trip time divided by the sum of its trip time and on-call time. (b) As used in this subchapter, the following terms have the same meanings as set forth in § 20-1501 of the Administrative Code: "contracted delivery worker", "customer", "deactivation", "delivery service", "food delivery worker", "goods", "gratuity", "grocery delivery worker", "food service establishment", "pay period", "retail food establishment", "retained", and "trip". (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-802 Reserved.

§ 7-802 Reserved. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-803 Retaliation.

§ 7-803 Retaliation. (a) "Denial of work opportunities" under § 20-1504 of the Administrative Code and "denial of future work opportunities" under § 20-1508 of the Administrative Code include deactivations or any other act that results in a contracted delivery worker not being offered or assigned a trip, provided however that such terms do not include any act or omission required of a third-party food delivery service or third-party courier service in order to comply with a food delivery worker's maximum distance, bridge, and tunnel specifications in accordance with § 20-1521(c) of the Administrative Code. (b) If a delivery service maintains a system in which contracted delivery worker deactivations or trip or shift offers or assignments depend, in whole or in part, on contracted delivery workers' internal or public ratings, it is a retaliatory denial of a work opportunity under § 20-1504 of the Administrative Code and a retaliatory denial of a future work opportunity under § 20-1508 of the Administrative Code when such delivery service downgrades a contracted delivery worker's rating based on the exercise or attempted exercise of a right protected under Chapter 15 of Title 20 of the Administrative Code. (c) It shall constitute retaliation under § 20-1504 of the Administrative Code if a delivery service or any other person takes an adverse action against a contracted delivery worker on account of such worker refusing a trip offered or assigned in violation of § 20-1521 of the Administrative Code. (d) Each downgrading of a contracted delivery worker's internal or public rating as a result of such worker's exercise or attempted exercise of a right protected under Chapter 15 of Title 20 of the Administrative Code shall constitute a separate instance of retaliation and a separate instance of a violation of § 20-1508(a)(3)(a) of the Administrative Code. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-804 Notice of Rights.

§ 7-804 Notice of Rights. (a) A delivery service must provide the notice of rights required by § 20-1505 of the Administrative Code to a contracted delivery worker no later than January 26, 2026, or prior to the contracted delivery worker's first trip with a pickup or drop-off location in New York City, whichever is later. (b) The notice of rights required by § 20-1505 of the Administrative Code must be provided by email and as a link within a text message sent to the contracted delivery worker. In addition to provision by text and email, such notice must also be made continuously available to all active contracted delivery workers through any website, mobile application, or other internet service used by a contracted delivery worker to perform work for a delivery service. (c) When a delivery service downloads or otherwise uses a notice of rights prepared by the commissioner and made available on the city's website, such delivery service must provide such notice in accordance with any accessibility requirements set forth by the commissioner on the city's website. (d) If the commissioner updates the information in the notice of rights pursuant to § 20-1505(a) of the Administrative Code, no later than thirty (30) days following the effective date of such update, a delivery service must provide such updated notice to all contracted delivery workers in the manner provided in subdivisions (a) through (c) of this section. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-805 Recordkeeping.

§ 7-805 Recordkeeping. (a) (1) A request or subpoena for information or records from the Department must be served on a delivery service or merchant in writing in person, via mail, or via email. When the Department issues a written request or subpoena for data, information or documents under § 20-1506(a) or (c) of the Administrative Code, a delivery service or merchant must provide all responsive data, information, or documents to the Department within thirty (30) days of receiving such request or subpoena. The Department may issue such written request or subpoena for purposes of discharging any of its responsibilities under Chapter 15 of Title 20, including but not limited to §§ 20-1506, 20-1507 or 20-1522 of the Administrative Code. (2) A deadline of more than 30 days may be agreed to on consent by the Department and the delivery service or merchant. (3) A delivery service or merchant must provide data, information or documents to the Department in their original format or, if so requested, in the comma-delimited formats and layouts prescribed by the Department in such written request or subpoena. (4) The Department may issue a notice of violation to a delivery service or merchant who fails to provide true and accurate electronic records or information by the deadline provided in the written request or subpoena or the deadline agreed to by the parties, provided that any monetary penalties authorized by law for a violation of § 20-1506 of the Administrative Code shall not apply while such written request or subpoena is the subject of a timely-filed pre-compliance review proceeding. (b) A delivery service or merchant must create and maintain contemporaneous, true, and accurate records documenting compliance with the requirements of Chapter 15 of Title 20 of the Administrative Code and any rules promulgated thereunder for a period of three years. If, in the ordinary course of business, any record required to be maintained under this subdivision is created by a person other than such delivery service, it is the responsibility of such delivery service to obtain and maintain a copy of such record. (c) A delivery service must maintain the following data and records: (1) With respect to all contracted delivery workers, first name, last name, phone number, email address, internal identifier, taxpayer identification number if required to maintain such number under federal or state law, preferred language, first date retained, and last date retained. (2) With respect to the notice of rights, data sufficient to show each email and text message containing the notice of rights that was sent to a contracted delivery worker, the date and time such email or text message was sent, the first name, last name, and internal identifier of the recipient, and the phone number and email address of the recipient. (3) With respect to the maximum distance, bridge, or tunnel parameters set or updated under § 20-1521(a) - (b) of the Administrative Code, the date, time, and content of every selection of or update to such parameters and the first name, last name, and internal identifier of the food delivery worker who selected or updated such parameters. (4) With respect to each trip offered or assigned to a contracted delivery worker: (i) A unique identifier for such trip; (ii) A unique identifier for each order to be delivered on the trip and, for each such order: (A) The name of the merchant(s) from which the goods must be picked-up; (B) The address(es) at which the goods must be picked-up; (C) The address(es) at which the goods must be dropped-off; (D) The tasks that the contracted delivery worker must perform; (E) The amount of gratuity specified by the customer, and the date and time such amount was indicated or modified by the customer; (iii) If such trip was offered by a third-party food delivery service or third-party courier service, the direct distance between the first pick-up location of the trip and the final drop-off location of such trip; (iv) If such trip was offered by a third-party food delivery service or third-party courier service, whether the route generated pursuant to 6 RCNY § 7-806(a)(2) involved passage over or through any of the bridges or tunnels listed in 6 RCNY § 7-806(d) - (e) and if so, which such bridge or tunnel; (v) If such trip was offered by a third-party food delivery service or third-party courier service, the bridge, tunnel, or maximum distance parameters that the contracted delivery worker had in effect at the time the trip was offered or assigned, and if any such bridge or tunnel parameters were in effect, the latitude and longitude of the contracted delivery worker at the time of the offer, precise to two decimal places; (vi) The amount of compensation excluding gratuity that was disclosed for the trip and any part thereof; (vii) The estimated time for the trip, and any part thereof, that was disclosed pursuant to 6 RCNY § 7-806(h)(1) or, if applicable, the expected or required time of completion disclosed pursuant 6 RCNY § 7-806(h)(2); (viii) The routed distance for the trip from the first pick-up location of the trip to the final drop-off location of such trip that was disclosed pursuant to 6 RCNY § 7-806(g); (ix) If the trip was offered or assigned to a subset of contracted delivery workers retained by such delivery service, for each offer or assignment to each contracted delivery worker, a unique identifier for the offer or assignment to the contracted delivery worker, the date and time of the offer or assignment, the first name, last name, and internal identifier of the contracted delivery worker who received the offer or assignment, whether the offer or assignment was accepted, rejected, or expired, and the date and time of acceptance, rejection, or expiration; (x) If the trip was offered to all contracted delivery workers retained by such delivery service who were available to receive or accept trip offers or assignments with a pickup or drop-off location in New York City, the date and time such trip was offered, whether such trip was accepted by a contracted delivery worker, the date and time such trip was accepted, and the first name, last name, and internal identifier of the contracted delivery worker that accepted such trip; (xi) The gratuity the delivery service paid to the contracted delivery worker for the trip, and any part thereof, and the date and time such gratuity was paid; (xii) The compensation, excluding gratuity, paid to the contracted delivery worker for the trip, and any part thereof, and the date and time such compensation was paid. If a delivery service compensates a contracted delivery worker on an hourly basis, the amount of compensation for a trip is the trip time multiplied by the hourly payment rate for that trip; and (xiii) Whether the trip was completed or cancelled, and the date and time of completion or cancellation; and if cancelled, whether the cancellation was initiated by the contracted delivery worker, the customer, the merchant, or the delivery service. (5) With respect to each pay period during which a contracted delivery worker engaged in any trip time or on-call time: (i) The first name, last name, and internal identifier of the contracted delivery worker; (ii) The date, time, and amount of any payment made to the contracted delivery worker for the pay period, or any part thereof; (iii) The start date and time and end date and time of the pay period; (iv) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, the minutes of trip time worked by the contracted delivery worker; (v) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, the minutes of on-call time worked by the contracted delivery worker; (vi) The compensation, excluding gratuities, paid to the contracted delivery worker and the basis for such compensation, including rates of pay and units of pay. If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, such records must distinguish compensation for trip time or on-call time from other compensation the delivery service may have paid to the contracted delivery worker; (vii) The gratuities paid to the contracted delivery worker for trips with a pickup or drop off location in New York City; (viii) All deductions from, additions to, or adjustments of compensation owed or paid to the contracted delivery worker, itemized by type. (ix) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, the minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810. (6) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, with respect to each pay period: (i) The start date and time and end date and time of the pay period; (ii) The total minutes of trip time for all contracted delivery workers; (iii) The total minutes of on-call time for all contracted delivery workers; (iv) The total compensation paid to all contracted delivery workers. Such records must distinguish compensation for trip time or on -call time from other compensation the delivery service may have paid to the contracted delivery worker; (v) The minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810. (7) With respect to each insulated food delivery bag provided to a contracted delivery worker: (i) The first name, last name, and internal identifier of the worker to whom the delivery bag was provided; and (ii) The date of provision. (8) With respect to each deactivation of a contracted delivery worker: (i) The first name, last name, and internal identifier of the worker who was deactivated; (ii) The date and time of deactivation; (iii) The date and time of reactivation, if applicable; (iv) The reason(s) for the deactivation; and (v) Whether the deactivation was effected through an automatic or a manual process. (9) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, with respect to each instance in which a contracted delivery worker engages in trip time or on-call time: (i) The first name, last name, and internal identifier of the contracted delivery worker; (ii) The start date and time and end date and time of each span of on-call time; (iii) The start date and time and end date and time of each span of trip time; and (iv) The manufacturer, name, and model number of the phone that the contracted delivery worker used to engage in trip time or on-call time. (10) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, documentation of the customer-facing ordering, tip solicitation, and checkout process sufficient to demonstrate compliance with § 20-1522(b)(3) - (5) of the Administrative Code, the version of the delivery service's applications reflected by such documentation, and the dates in which such version was in effect for customers placing orders for delivery to or from locations in New York City. (11) Each statement provided to a contracted delivery worker pursuant to § 20-1523(c) of the Administrative Code and the date and time such statement was provided and, if applicable, the date and time such statement was requested by a contracted delivery worker. (12) All application source code and version control logs that document the functioning of, and updates to, any software, service, or application the delivery service develops and uses to perform a function regulated under Chapter 15 of Title 20 of the Administrative Code. (13) If the delivery service is a third-party food delivery service or third-party courier service, documentation of the maximum distance, bridge, and tunnel parameter selection process sufficient to demonstrate compliance with § 20-1521(a) and (b) of the Administrative Code and subdivisions (b), (c), (d), and (e) of 6 RCNY § 7-806, the version of the delivery service's applications reflected by such documentation, and the dates in which such version was in effect for food delivery workers. (14) Documentation sufficient to show how the delivery service's processes for offering or assigning trips with a pickup or drop-off in New York City satisfy the disclosure requirements of § 20-1521(d) of the Administrative Code and 6 RCNY § 7-806. Such documentation may be in the form of a recording, a series of images, or any other means to visually represent the features and interface viewable by a delivery worker. (d) In accordance with applicable law and upon receipt of appropriate notice: (1) A third-party food delivery service or third-party courier service must produce reports to the Department concerning such third-party food delivery service or third-party courier service's operations in New York City for all periods on or after January 1, 2022; provided however, that for all periods between January 1, 2022 and the effective date of this subdivision, a third-party food delivery service or third-party courier service must produce reports only to the extent that such third-party food delivery service or third-party courier service maintained all or part of such records; and (2) A delivery service that is not a third-party food delivery service or third-party courier service must produce reports to the Department concerning such delivery service's operations in New York City for all periods on or after January 1, 2024; provided however, that for all periods between January 1, 2024 and January 26, 2026, a delivery service must produce reports only to the extent that such delivery service maintained all or part of such records. (3) The reports required to be produced pursuant to this subdivision may be required by the Department no more frequently than monthly and must be produced in accordance with a format, layout, and procedure prescribed by the Department, provided that this subdivision shall not be construed as requiring a delivery service to submit reports on orders for which it had no responsibility for facilitating or arranging the delivery or pickup of goods by a contracted delivery worker. A delivery service must maintain the records used to produce such reports for a period of three years. Such reports may include the following information for each pay period aggregated citywide and by zip code of the pickup or drop-off location in New York City, contracted delivery worker mode of transportation, delivery service line of business, merchant line of business, and part of a trip: (i) The number of contracted delivery workers who engaged in any trip time; (ii) The number of contracted delivery workers who engaged in any on-call time; (iii) The number of trips with a pickup or drop-off location in New York City; (iv) The minutes of trip time; (v) The minutes of on-call time; (vi) The total amount paid to contracted delivery workers, distinguishing pay for trip time or on-call time from other pay; (vii) The total gratuities paid to contracted delivery workers for trips with a pickup or drop-off location in New York City; (viii) The minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810; (ix) The number of customers who received at least one delivery with a pickup or drop-off location in New York City; (x) The number of completed deliveries with a pickup or drop-off location in New York City; (xi) The total amount charged to customers for the goods on deliveries with a pickup or drop-off location in New York City; (xii) The fees charged to customers on orders for delivery with a pickup or drop-off location in New York City; (xiii) The subscription and membership fees charged to customers in New York City; (xiv) The number of merchants who prepared at least one order for delivery with a pickup or drop-off location in New York City; (xv) The fees charged to merchants on orders for delivery with a pickup or drop-off location in New York City, itemized by type; and (xvi) Trip distances. (e) The Department may prescribe data specifications, including field definitions, record layouts, and uniform codes, for any record required to be maintained pursuant to subdivision (c) or (d) of this section. If prescribed by the Department, a delivery service must maintain the required records in accordance with such specifications. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-806 Delivery Distance and Route.

§ 7-806 Delivery Distance and Route. (a) 1. To comply with the maximum distance requirements of § 20-1521(a)(1) and § 20-1521(c) of the Administrative Code, if applicable, and the distance disclosure requirement of § 20-1521(d)(2) of the Administrative Code, a delivery service must generate a route that connects all pick-up and drop-off locations on a trip in an ordered sequence, beginning at the first pick-up location of the trip and ending at the final drop-off location of such trip. For purposes of § 20-1521(a)(1) of the Administrative Code, the drop-off location of a trip that is farthest from the first pick-up location of such trip means the final drop-off location within the route generated pursuant to this paragraph. 2. To comply with the bridge and tunnel requirements of § 20-1521(a)(2) - (3) and § 20-1521(c) of the Administrative Code, a third-party food delivery service or third-party courier service must generate a route that connects the location of the food delivery worker when such food delivery worker was offered or assigned a trip and all pick-up and drop-off locations on a trip in an ordered sequence, beginning at the location of the food delivery worker when such food delivery worker was offered or assigned such trip, and ending at the final drop-off location of such trip. 3. Pursuant to § 20-1521(a)(1) of the Administrative Code and this section, a third-party food delivery service or third-party courier service may not offer or assign a trip to a food delivery worker if the direct distance between the first pickup location of such trip and the final drop-off location of such trip exceeds the maximum distance parameter selected by such food delivery worker. The routed distance is often longer than the direct distance, and the food delivery worker may travel significantly longer on the routed distance and may make multiple stops along the routed distance. By setting a maximum distance parameter, a food delivery worker is not limiting the routed distance. Rather, a food delivery worker is choosing to be nearer to the first pick-up location at the end of the trip. (b) Pursuant to Subdivisions (a) and (b) of § 20-1521 of the Administrative Code, a third-party food delivery service or third-party courier service must provide a food delivery worker with the ability to set and update the maximum distance parameter and preferences in respect to the bridges and tunnels listed in subdivisions c and d of this section using the third-party food delivery or third-party courier service's website, mobile application, or other internet service through which trips are offered or assigned to such worker. Such distance, bridge, and tunnel parameters, when set or updated, shall take effect automatically and as soon as practicable, without requirement for review, approval, or any other act by a natural person employed by or acting on behalf of the third-party food delivery service or third-party courier service. The functions to set and modify such parameters must be included within a user interface easily accessible to workers through the website, mobile application, or other internet service and no less accessible than other settings or profile information a food delivery worker can select or input. A food delivery worker must be able to select and deselect the bridges and tunnels listed in subdivisions c and d of this section using a list or map within the user interface. (c) A third-party food delivery service or a third-party courier service must include the following selectable bridges in the user interface provided to a food delivery worker pursuant to subdivision b: (1) Ed Koch Queensboro Bridge; (2) Brooklyn Bridge; (3) Williamsburg Bridge; (4) Manhattan Bridge; (5) Broadway Bridge; (6) University Heights Bridge; (7) Washington Bridge; (8) Alexander Hamilton Bridge; (9) Macombs Dam Bridge; (10) 145th Street Bridge; (11) Madison Avenue Bridge; (12) Third Avenue Bridge; (13) Willis Avenue Bridge; (14) Pulaski Bridge; (15) Greenpoint Avenue Bridge; (16) Kosciuszko Bridge; (17) Robert F Kennedy Bridge (Triborough Bridge); (18) Bronx Whitestone Bridge; (19) Throgs Neck Bridge; (20) Verrazzano-Narrows Bridge; (21) Marine Parkway-Gil Hodges Memorial Bridge; (22) Joseph P. Addabbo Memorial Bridge (North Channel Bridge); (23) Henry Hudson Bridge; (24) High Bridge; (25) George Washington Bridge; (26) Bayonne Bridge; (27) Goethals Bridge; and (28) Outerbridge Crossing. (d) A third-party food delivery service or a third-party courier service must include the following selectable tunnels in the user interface provided to a food delivery worker pursuant to subdivision b: (1) Lincoln Tunnel; (2) Holland Tunnel; (3) Queens Midtown Tunnel; and (4) Hugh L. Carey Tunnel (Brooklyn Battery Tunnel). (e) If a third-party food delivery service or third-party courier service maintains a policy and practice of never offering or assigning trips that require travel over or through a particular bridge or tunnel identified in subdivisions (c) and (d) of this section, such bridge or tunnel may be omitted from the user interface the third-party food delivery service or third-party courier service provides pursuant to subdivision (b) of this section. (f) The requirements of § 20-1521(a) - (c) of the Administrative Code apply to all trips a third-party food delivery service or third-party courier service offers or assigns to a food delivery worker, including trips that do not involve picking up goods from a food service establishment. (g) When disclosing the estimated distance from the first pick-up location of the trip to the final drop-off location of such trip to a contracted delivery worker pursuant to § 20-1521(d)(2) of the Administrative Code, a delivery service must disclose the routed distance between the first pick-up location of the trip and the final drop-off location of such trip. A third-party food delivery service or third-party courier service must also separately disclose (a) the maximum distance selected by such contracted delivery worker pursuant to § 20-1521(a)(1) and § 20-1521(b) of the Administrative Code, if applicable, and (b) the direct distance between the first pick-up location of the trip and the final drop-off location of such trip. (h) (1) When disclosing the estimated time from the first pick-up location of the trip to the final drop-off location of such trip to a contracted delivery worker pursuant to § 20-1521(d)(2) of the Administrative Code, a delivery service must include sufficient time to safely perform all trip responsibilities, including travel along the route generated in accordance with subdivision (a) of this section and performance of all trip responsibilities at each location, including all of the responsibilities specified in the definition of "trip" set forth in section § 20-1501 of the Administrative Code that are applicable to such trip, except for the time needed to travel to the first pick-up location. (2) In lieu of disclosing the estimated time for a trip pursuant to paragraph (1) of this subdivision, a delivery service may disclose to a contracted worker the expected or required time by which a contracted delivery worker will have completed all work on the trip, provided that such expected or required time includes sufficient time to safely perform all trip responsibilities, including the time required to travel to the first pick-up location, travel along the route generated in accordance with subdivision (a) of this section and perform all trip responsibilities at each location, including all of the responsibilities specified within the definition of "trip" in section § 20-1501 of the Administrative Code that are applicable to such trip. (i) Pursuant to § 20-1521(d)(3) of the Administrative Code, a delivery service that offers or assigns a trip to a contracted delivery worker must disclose to the contracted delivery worker the amount of any gratuity specified by any customer, even if such delivery service is not the party who received the order directly from the customer. Example: If a customer places an order for delivery with a delivery service, and such delivery service transfers the order to a different delivery service that then facilitates the delivery, the delivery service that facilitates the delivery must disclose to the contracted delivery worker the amount of gratuity, if any, specified by the customer. Example: If a customer places an order for delivery with a merchant, and such merchant transfers the order to a delivery service that then facilitates the delivery, such delivery service must disclose to the contracted delivery worker the amount of gratuity, if any, specified by the customer. (j) When a contracted delivery worker completes a trip, the delivery service must pay the contracted delivery worker no less than the amount of compensation it disclosed to such worker pursuant to § 20-1521(d)(4) of the Administrative Code. If, pursuant to subdivision (k) of this section, a delivery service discloses an hourly pay rate to a contracted delivery worker, such delivery service must pay such contracted delivery worker for the time such contracted delivery worker spends on the trip at a rate no less than such hourly pay rate. The pay required by this subdivision must be in addition to any gratuity for such trip. (k) If a delivery service compensates a contracted delivery worker on an hourly basis, such delivery service must satisfy the requirements of § 20-1521(d)(4) of the Administrative Code by disclosing the hourly pay rate that will be applied to the time such contracted delivery worker spends performing the offered or assigned trip. (l) In any action or proceeding alleging a violation of § 20-1521(a)(1) - (3) of the Administrative Code and this section, a trip offered or assigned to a food delivery worker by a third-party food delivery service or third-party courier service requires travel across a bridge or through a tunnel if the shortest routed distance involves passage over such bridge or through such tunnel, unless such third-party food delivery service or third-party courier service produces contemporaneous records showing that it disclosed to such food delivery worker the route it generated pursuant to subdivision (a) of this section and that such route did not involve passage over such bridge or through such tunnel. (m) The requirements of § 20-1521 of the Administrative Code and this section apply to any trip that includes a pick-up or drop-off location in New York City. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-807 Payments to Workers.

§ 7-807 Payments to Workers. (a) For purposes of § 20-1523(a) of the Administrative Code, a delivery service shall be considered to have charged or imposed a fee on a contracted delivery worker for the use of a form of payment selected by such service if (1) the service does not offer a form of payment to a contracted delivery worker free from any fees charged or imposed by a financial intermediary or other person or (2) a fee for payment is charged or imposed on a contracted delivery worker by any parent, affiliate, or subsidiary entity of the delivery service. (b) A delivery service must calculate compensation owed to a contracted delivery worker for each pay period. The pay period need not coincide with the calendar week but may begin on any day and at any hour of the day. A delivery service must establish a single pay period for all contracted delivery workers it engages. Once the beginning time of the pay period is established, it must remain fixed, and may be changed only if the change is intended to be permanent. (c) The requirements of section § 20-1523 of the Administrative Code and this section apply to a contracted delivery worker for any pay period in which such contracted delivery worker engages in trip time. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-808 Insulated Food Delivery Bags.

§ 7-808 Insulated Food Delivery Bags. (a) A delivery service must no later than seven (7) days following the day of a worker's sixth delivery of goods that are customarily transported in an insulated food delivery bag to or from a location in New York City for that delivery service: (1) make an insulated food delivery bag required by § 20-1524(a)(1) of the Administrative Code available for pickup by a contracted delivery worker or (2) at the request of a contracted delivery worker deliver such a bag to the worker. (b) In cases of loss, damage, theft, or deterioration, a delivery service must make available replacement insulated food delivery bags for a contracted delivery worker at no expense to such contracted delivery worker. However, in no case is a delivery service required to provide more than one replacement bag during a six-month period. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 12/26/2025, eff. 1/25/2026)

6 RCNY § 7-810 Minimum Pay.

§ 7-810 Minimum Pay. (a) Reserved. (b) Standard method. A third-party food delivery service, third-party courier service, or third-party grocery delivery service must make payments to food delivery workers and grocery delivery workers for their trip time and on-call time in a pay period that meet the individual and aggregate requirements of subparagraphs 1 and 2 of this subdivision, except that for pay periods that begin prior to July 1, 2026, a third-party grocery delivery service that is not a third-party food delivery service or a third-party courier service must only make payments to its grocery delivery workers for their trip time in a pay period that meet the individual requirement of subparagraph 1 and is not required to make payments that meet the aggregate requirement of subparagraph 2. For pay periods that begin on or after July 1, 2026, all third-party grocery delivery services must make payments to their grocery delivery workers for their trip time and on-call time in a pay period that meet the individual and aggregate requirements of subparagraphs 1 and 2 of this subdivision. (1) Individual requirement. A third-party food delivery service, third-party courier service, or third-party grocery delivery service must pay to a food delivery worker or grocery delivery worker who engages in trip time in a pay period no less than the sum of such food delivery worker's or grocery delivery worker's trip time in that pay period multiplied by the following minimum pay rates: (i) $17.96 per hour, for pay periods that start on or after the effective date of this section; (ii) $18.96 per hour, adjusted for inflation as set forth in subdivision (g) of this section, for pay periods that start on or after April 1, 2024; and (iii) $19.96 per hour, adjusted for inflation annually as set forth in subdivisions (h) and (i) of this section, for pay periods that start on or after April 1, 2025. (2) Aggregate requirement. A third-party food delivery service, third-party courier service, or third-party grocery delivery service must pay, in aggregate, to the food delivery workers or grocery delivery workers who engage in trip time or on-call time in a pay period no less than the sum of all such food delivery workers' or grocery delivery workers' trip time and on-call time in that pay period multiplied by the following minimum pay rates: (i) $17.96 per hour, for pay periods that start on or after the effective date of this section; (ii) $18.96 per hour, adjusted for inflation as set forth in subdivision (g) of this section, for pay periods that start on or after April 1, 2024; and (iii) $19.96 per hour, adjusted for inflation annually as set forth in subdivisions (h) and (i) of this section, for pay periods that start on or after April 1, 2025. (c) Alternative method. Notwithstanding the requirements of subdivision (b) of this section, an eligible third-party food delivery service, third-party courier service, or third-party grocery delivery service may use the alternative method specified in this subdivision to determine the minimum payments it must make to food delivery workers or grocery delivery workers for their trip time and on-call time in a pay period. (1) Utilization floor. A third-party food delivery service, third-party courier service, or third-party grocery delivery service may use the alternative method for any pay period in which its utilization rate is greater than or equal to 0.53 and in up to two pay periods per year in which its utilization rate is less than 0.53, except that a third-party grocery delivery service that is not a third-party food delivery service or a third-party courier service may use the alternative method specified in this subdivision for any pay periods that begin prior to November 1, 2026, including a pay period in which its utilization rate is less than 0.53. For purposes of this subdivision, a year begins with the first pay period that begins on or after April 1 of a calendar year and ends with the last pay period that begins on or before March 31 of the following calendar year. If an eligible third-party food delivery service, third-party courier service, or third-party grocery delivery service chooses this alternative method, the method applies to each and every food delivery worker or grocery delivery worker who engages in trip time in the pay period. An eligible third-party food delivery service, third-party courier service, or third-party grocery delivery service that chooses the alternative method for a pay period must document its utilization rate and choice of method no later than when payment is due pursuant to § 20-1523(b) of the Administrative Code and 6 RCNY § 7-807. (2) Alternative minimum pay requirement. An eligible third-party food delivery service, third-party courier service, or third-party grocery delivery service that chooses the alternative method must pay to each food delivery worker or grocery delivery worker who engages in trip time in a pay period no less than such food delivery worker's or grocery delivery worker's trip time in that pay period multiplied by the alternative minimum pay rate. Such alternative minimum pay rate is calculated by dividing the minimum pay rate otherwise required by subdivision (b) of this section by 0.60. Such third-party food delivery service, third-party courier service, or third-party grocery delivery service is not required to pay a food delivery worker or grocery delivery worker for the pay period if the food delivery worker or grocery delivery worker engages in on-call time but no trip time. (d) Bases of pay. A third-party food delivery service, third-party courier service, or third-party grocery delivery service may fulfill its obligation under subdivision (b) or subdivision (c) of this section using any basis of pay it chooses, including paying an hourly rate, a per-trip rate or other piece rate, a bonus or other lump-sum payment, or any other basis. Example: In a pay period that begins on February 2, 2026 5,000 food delivery workers or grocery delivery workers, in aggregate, engage in 55,000 hours of trip time and 45,000 hours of on-call time for a delivery service that is a third-party food delivery service, third-party courier service, or third-party grocery delivery service. Worker A, individually, engages in 30 hours of trip time and 5 hours of on-call time. At that time, the minimum pay rate is $ 21.44. The alternative minimum pay rate is $ 21.44 divided by 0.60. Standard Method: The delivery service meets the requirements of both subdivision (b)(1) and subdivision (b)(2) of this section if it pays its food delivery workers or grocery delivery workers as follows: 1. Each food delivery worker or grocery delivery worker is paid at least an amount equal to their trip time multiplied by $ 21.44. For instance, worker A receives at least $ 643.20, which is $ 21.44 multiplied by 30 hours; and 2. The total the delivery service pays for the pay period meets or exceeds the aggregate amount of trip time and on-call time (100,000 hours) multiplied by $ 21.44, which equals $ 2,144,000. Worker A's payment of at least $ 643.20 for trip time is credited towards the aggregate requirement and Worker A may, or may not, receive an additional payment. Alternative Method: The delivery service has a utilization rate of 0.55, which is its trip time (55,000) divided by the sum of its trip time and on-call time (100,000). Since 0.55 is greater than 0.53, the delivery service is eligible under subdivision (c)(1) to use the alternative method to determine the minimum payments it must make to its food delivery workers or grocery delivery workers for the pay period. If the delivery service uses the alternative method, it meets the requirements of subdivision (c) if each food delivery worker or grocery delivery worker is paid at least an amount equal to their trip time multiplied by $ 21.44 divided by .60. For instance, worker A receives $ 1072.00, which is $ 21.44 divided by .60 multiplied by 30 hours. (e) No offset for gratuities. A third-party food delivery service, third-party courier service, or third-party grocery delivery service may not use gratuities paid to a food delivery worker or grocery delivery worker to offset such third-party food delivery service, third-party courier service, or third-party grocery delivery service's obligation to pay the food delivery worker or grocery delivery worker the minimum pay required by this section. (f) No offset for trips outside of New York City. A third-party food delivery service, third-party courier service, or third-party grocery delivery service may not use amounts paid to a food delivery worker or grocery delivery worker for trips with a pickup and drop-off location outside of New York City to offset such third-party food delivery service, third-party courier service, or third-party grocery delivery service's obligation to pay to the food delivery worker or grocery delivery worker the minimum pay required by this section. (g) 2024 inflation adjustment. The Department shall perform the inflation adjustment required by subdivisions (b)(1)(ii) and (b)(2)(ii) of this section by multiplying $18.96 by the percent change in the All Items Consumer Price Index for Urban Wage Earners and Clerical Workers for the NY-NJ-PA metro area between December 2022 and December 2023 and rounding to the nearest cent, provided that if the percentage change is zero or negative, the adjustment shall be zero. The Department shall post the Consumer Price Index adjusted minimum pay rate on its website on or before the first day of February 2024. (h) 2025 inflation adjustment. For pay periods beginning on or after April 1, 2025 and before April 1, 2026, the Department shall perform the inflation adjustment required by subdivisions (b)(1)(iii) and (b)(2)(iii) of this section by multiplying $19.96 by the percent change in the All Items Consumer Price Index for Urban Wage Earners and Clerical Workers for the NY-NJ-PA metro area between December 2022 and December 2024 and rounding to the nearest cent, provided that if the percentage change is zero or negative, the adjustment shall be zero. The Department shall post the Consumer Price Index adjusted minimum pay rate on its website on or before the first day of February 2025. (i) Inflation adjustments beginning in 2026. Beginning with the minimum pay rate for pay periods that start on or after April 1, 2026, and continuing each calendar year thereafter, the Department shall post the inflation-adjusted minimum pay rate required by subdivisions (b)(1)(iii) and (b)(2)(iii) of this section on or before the first day of February of the calendar year in which the rate will take effect. Such inflation adjustments will be performed by multiplying the minimum pay rate in effect prior to adjustment by the most recent December to December percent change in the All Items Consumer Price Index for Urban Wage Earners and Clerical Workers for the NY-NJ-PA metro area and rounding to the nearest cent, provided that if the percentage change is zero or negative, the adjustment shall be zero. (Added City Record 1/19/2022, eff. 2/18/2022; amended City Record 6/12/2023, eff. 7/12/2023; amended City Record 12/26/2025, eff. 1/25/2026)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-20661Fetched: 10/24/2026