NYC law regulates online third-party food delivery services and third-party courier services in NYC ("restaurant delivery apps" or “apps"). It also establishes rights for consumers, delivery workers, and restaurants.
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Uniform Reporting Guide for Third-Party Food Delivery Services and Third-Party Courier Services
Third party food delivery services and third-party courier services (“Delivery Services”) are required to submit three reports to the New York City Department of Consumer and Worker Protection (“DCWP”) at email@example.com on the fourth Friday of each month.
- Workers Report. Information about the services food delivery workers performed for the Delivery Service.
- Consumers Report. Information about the services consumers received from the Delivery Service.
- Merchants Report. Information about the services merchants received from the Delivery Service.
DCWP’s Uniform Reporting Guide describes the format, layout, and procedure for submitting each report.
Download Uniform Reporting Guide.
Delivery Worker Minimum Pay
If you do restaurant deliveries for an app, your app must pay you at least $17.96 per hour (not including tips) for time you spend making deliveries. This minimum will increase on April 1 each year. Apps must follow additional rules that increase pay.
NEW! The Minimum Pay Rate must be adjusted for inflation each year. The minimum pay rate will increase to $19.56 the first pay period on or after April 1, 2024.
Due to an ongoing lawsuit, DCWP is not currently enforcing the minimum pay rate for Relay Delivery, Inc. workers.
Learn more about how DCWP set the Minimum Pay Rate.
Notice of Rights for NYC Food Delivery Workers and FAQs
You must have a Third-Party Food Delivery Service license if you operate any 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 (for example, a restaurant) in New York City that you do not own. Read the Third-Party Food Delivery Service License Application Checklist and apply online now!
In addition to requiring a license for Third-Party Food Delivery Service, laws:
- Set caps on the fees that you can charge food service establishments ("restaurants").
- Delivery fees are capped at 15% of the purchase price of each online order;
- Transaction fees are capped at 3% of the purchase prices of each online order, with limited exceptions; and
- All other fees are capped at a total of 5% of each online order.
- Require that, prior to or at the time of soliciting a gratuity, you disclose to consumers the proportion or fixed amount of each gratuity that you distribute to a delivery worker and how and when you pay that gratuity.
- Require you to disclose to your delivery workers how much each consumer paid as a gratuity, whether a consumer paid additional gratuity or removed a gratuity (and the reason why a gratuity was removed, if known), and the total amount of compensation and gratuities earned by the delivery worker the previous day.
- Prohibit you from charging restaurants for telephone orders that do not result in a transaction.
- Require that if you list or link to a phone number for a restaurant, you must include in such listing or link the direct telephone number for the restaurant. If you provide another telephone number, you must prominently and conspicuously identify each telephone number as either a third-party telephone number or a direct telephone number. You must also disclose any fee for the use of each telephone number, whether imposed on the restaurant or the caller.
- Require you to have a written agreement with each restaurant listed on your website, mobile application or other platform.
- Starting January 24, 2022, any written agreement you enter must contain a provision requiring the food service establishment to allow bathroom access to delivery workers, with limited exceptions for health and safety reasons; and
- The written agreement cannot compel a restaurant to indemnify you or any independent contractor or agent acting on your behalf for any damage or harm occurring after the food has left the restaurant.
- Prohibit unauthorized listings on your website, mobile application or other platform without a written agreement between you and the restaurant.
- Require you to provide restaurants with customer data at the restaurants’ request unless the customer opts out. Customer data includes only their name, telephone number, e-mail address, the delivery address of the online order, and the contents of the online order.
- Require you to maintain and make certain records available to DCWP upon request, including:
- A roster of all food service establishments you list or have listed on your website, mobile application, or other third-party food delivery platform;
- All written agreements with a food service establishment;
- Records listing itemized fees you have charged to each food service establishment with which you maintain an agreement;
- Records sufficient to demonstrate compliance with the compensation and gratuity disclosure requirements; and
- Records sufficient to document all customer requests not to share the customer’s data with a food service establishment.
- Allow food delivery workers to set limitations on distances they will travel from restaurants and which bridges or tunnels they are unwilling to use.
- Provide upfront disclosure to food delivery worker about route, pay, and gratuities.
- Pay food delivery workers at least once a week.
- Not impose any charges or forms of payment that include any fees.
- Provide a free insulated delivery bag to a food delivery worker after 6 deliveries.
- Maintain and make records available to DCWP relating to the requirements that take effect April 22, 2022, including but not limited to:
- Food delivery worker contact information;
- Records of all compensation (including gratuity) offered and paid out to food delivery workers;
- Records of the distance and route limitations set by food delivery workers and the up-front disclosures for every trip offer; and
- Records reflecting every suspension or deactivation of a worker
NYC sets a minimum pay rate for workers. The rate will be separate from any tips workers receive. NYC will update the rate over time.
Local Law 41 of 2023, which went into effect September 16, 2023, requires third-party food delivery services and third-party courier services to send the City’s translated fire safety materials to its food delivery workers.
By November 18, 2023, you must email and text the Dangers of Lithium-ion Batteries to every food delivery worker on your platform. Translations are also available at nyc.gov/ebikes and via the links below:
You must submit proof of compliance to DCWP at OLPS@dcwp.nyc.gov by November 21, 2023. Proof should be sufficient to show that you provided all delivery workers the required information.
The civil penalty for violations of the Law is $500 per worker.
If you have any questions about Local Law 41, please contact DCWP through our online portal.