For Immediate Release
Tuesday, June 14, 2022
Hearing and Pay Study to Inform the Delivery Worker Minimum Pay Rate
NEW YORK, NY – Department of Consumer and Worker Protection Commissioner (DCWP) Vilda Vera Mayuga announced the agency is holding a Delivery Worker Public Hearing tomorrow to listen to testimony directly from delivery workers and other stakeholders about pay and working conditions for third-party delivery app workers, including time and scheduling, expenses, health and safety issues, and other challenges workers face. The hearing is one piece of DCWP’s extensive research into the industry, which also includes surveying workers and analyzing data obtained through subpoenas issued to delivery apps. The research will inform the minimum pay rate that will go into effect in January 2023.
“Food delivery workers are integral to New York City and must be properly compensated for their labor,” said DCWP Commissioner Vilda Vera Mayuga. “We want to hear directly from workers and other stakeholders in order to raise standards in the industry, including around pay.”
The City’s delivery worker laws charge DCWP with studying the working conditions of app-based food delivery workers and issuing a rule to set the minimum pay standard. Once in effect, this will be the first minimum payment standard that applies to app-based delivery workers anywhere in the U.S.
In addition to holding a public hearing, DCWP is sending a survey about pay, expenses, and work experiences to tens of thousands of workers through peer-to-peer text messaging and email in Spanish, Bengali, Chinese, French, Urdu, Arabic, Korean, Russian, and English. This extensive effort will ensure that the agency receives key information for the study from delivery workers themselves in their own language, demonstrating New York City’s commitment to co-governance and collaborative policymaking.
The Delivery Worker virtual public hearing will be held on Wednesday, June 15 from 1 p.m. – 4 p.m. To submit testimony or testify, visit DCWP’s website. Translation services will be available in Spanish, Chinese and Bengali.
Starting in January 2022, third-party food delivery apps must be licensed by DCWP and delivery workers who deliver restaurant orders for those apps in New York City gained first-of-their-kind new protections to promote better working conditions in the food delivery industry. Apps must have a DCWP license, tell workers how much the customer tips for each delivery, tell workers their total pay and tips for the previous day, and have written agreements with restaurants, list the phone number of the restaurant on the app if a phone number is provided, and, in some cases, provide restaurants with customer data if available. Agreements between apps and restaurants entered on or after January 24, 2022 must contain a provision requiring the restaurant to allow bathroom access to delivery workers, with limited exceptions for health and safety reasons.
Beginning in April 2022, workers have a right to choose how far they’ll travel and what routes they’ll take, receive more information about deliveries before accepting them, get paid at least once a week, and receive a free insulated delivery bag after six deliveries.
Starting January 1, 2023, apps must pay workers the new minimum pay rate that the City will set. The rate will not include tips.
DCWP has conducted over 45 outreach events in 2022 to educate delivery workers about the new laws. DCWP is also currently running a public awareness campaign that includes outdoor, radio and digital advertising and neighborhood marketing efforts.
Delivery workers, apps, restaurants and consumers can visit nyc.gov/DeliveryApps for multilingual resources and information about these new regulations, including the required Notice of Delivery Worker Rights, a video—which is also available in Spanish with additional languages to come soon, a full list of the new requirements under the laws, restaurant rights and responsibilities, and the Third-Party Food Delivery Service License Application Checklist. Workers can also call 311 and ask for “delivery worker” or email OLPS@dcwp.nyc.gov for more information.
“From day one, Worker's Justice Project has been powering Los Deliveristas Unidos (LDU)'s journey in organizing and seeking labor protections for more than 65,000 app delivery workers, hardworking people who kept this city, customers, and small businesses, running during the pandemic. As a result, WJP & Los Deliveristas are delivering justice by providing new labor protections and a new Deliveristas Minimum Pay on January 1, 2023. Tomorrow, Deliveristas continue their journey to justice as they raise their voices demanding that NYC establish a Deliverista living wage,” said Ligia Guallpa, Executive Director of Worker's Justice Project.
“Los Deliveristas Unidos (LDU) continue their long journey to seek Justice for all NYC App Delivery Workers. Deliveries started this journey on Apr. 21, 2020 – Deliveristas Day – as they rode NYC streets to raise their voices to bring awareness to their dire working conditions and the lack of labor protections. On Sept. 21, 2021, Los Deliveristas partnered with NYC City Council to approve the NYC Delivered Justice to Los Deliveristas bill package, which provides new labor rights to more than 65,000 app delivery workers. Deliveristas started the year 2022 on the streets - rain, shine, or snow - working with DCWP’s staff on educating Deliveristas about their new labor rights. The upcoming Deliveristas Minimum Pay Hearing is another major step in the Deliveristas’ Journey to seek Justice. Tomorrow, LDU & Workers Justice Project’s Members and community allies plan to raise their voices and argue why NYC must establish a Deliverista Living Wage Standard as a way to provide Justice to essential workers who sustain customers & small businesses during the pandemic. But more importantly, the Deliveristas Living Wage Standard set the blueprint on how NYC wants to promote economic recovery and built on equity and inclusivity,” said Hildalyn Colon Hernandez, Director of Policy Strategic Partnerships for Los Deliveristas Unidos/WJP.
“At NYC Food Delivery Movement, we are here to speak on behalf of all our colleagues. As per our experience working with food delivery apps like Uber Eats, GrubHub, Doordash and Relay, the distances are still excessively long – most of the time with a very low payment, and I would dare to say that is not fair. However, many times we have to accept the orders because there are colleagues who spend more than 30 minutes without having an order and when an order of $6.00 for more than 3 miles becomes available, they have to accept it. The truth is that the payment that many of our colleagues get is below the minimum wage in New York City, which is $15 an hour, and we do not count with essential expenses to keeping our work units in good condition – all come from our pocket. It is worth mentioning that the work that we do with professionalism is the source of income to give the essentials to our children and family,” said Sergio Solano, President and Co-founder of NYC Food Delivery Movement.
“Each and every day delivery workers play an essential role in sustaining New York City, while often enduring unsafe working conditions and low pay,” said Jennifer Sun and Thomas Yu, co-executive directors of Asian Americans for Equality. “It is envouraging to see the city taking steps to address this important issue. We urge delivery workers to share their experiences with the Department of Consumer and Worker Protection to help ensure an appropriate minimum pay rate in New York City.”
“New York City’s 65,000 app delivery workers deserve safe working conditions and a fair and transparent living minimum wage for their essential work,” said Juan Restrepo, Senior Organizer at Transportation Alternatives. “To keep working cyclists safe, New York City’s leaders must also invest in a network of fully-protected bike lanes in all five boroughs. We applaud the advocacy of Workers Justice Project and Los Deliveristas Unidos who advocate every day for fairness and dignity for workers on our streets.”
“Delivery workers face a mountain of health and safety issues that tragically have led to the injuries and deaths of all too many workers. DCWP’s study will help ensure that we get to the root causes of these health and safety issues and come up with solutions that work for deliveristas,” said Charlene Obernauer, Executive Director of the New York Committee for Occupational Safety and Health.
NYC Department of Consumer and Worker Protection (DCWP) protects and enhances the daily economic lives of New Yorkers to create thriving communities. DCWP licenses more than 51,000 businesses in more than 40 industries and enforces key consumer protection, licensing, and workplace laws that apply to countless more. By supporting businesses through equitable enforcement and access to resources and, by helping to resolve complaints, DCWP protects the marketplace from predatory practices and strives to create a culture of compliance. Through its community outreach and the work of its offices of Financial Empowerment and Labor Policy & Standards, DCWP empowers consumers and working families by providing the tools and resources they need to be educated consumers and to achieve financial health and work-life balance. DCWP also conducts research and advocates for public policy that furthers its work to support New York City’s communities. For more information about DCWP and its work, call 311 or visit DCWP at nyc.gov/dcwp or on its social media sites, Twitter, Facebook, Instagram and YouTube.
Abgail Lootens | Jade Acosta
Department of Consumer and Worker Protection