On Tuesday, June 8, 2021, the New York City Council discussed a package of bills that would regulate food delivery service apps and provide delivery workers with more rights. Food service and food delivery workers were considered essential during the COVID-19 pandemic, working on the front lines and putting themselves and their families at risk. Not only were these workers at risk of contracting COVID-19 from exposure to numerous people, but they were also subject to violence and robberies.
In April 2021, thousands of delivery workers in New York City, led by Los Deliveristas Unidos and the largest union of service workers, SEIU Local 32BJ, protested, asking for improved working conditions including increased wages, access to bathrooms, and, overall better treatment from city officials and third-party service apps.
The following bills, if passed, would provide these improvements and create changes in the city’s food services industry.
Bill Title: Int 2163-2020. Allowing a food service establishment surcharge, and to repeal local law number 100 for the year 2020, relating to a COVID-19 recovery charge.
Date Introduced: 11/19/2020
Introduced By: Antonio Reynoso, District 34
What it Would Mean: Restaurants would be allowed to impose a “Food Service Establishment Surcharge” of up to 15 percent of a customer’s total bill, and restaurants would be required to pay their tipped workers no less than $15 per hour, in addition to their tips.
Learn More:
- New Bill Would Permanently Allow Restaurants to Add Up to a 15 Percent Surcharge (NY Eater)
- NYC Proposes a 15 Percent Surcharge on Dine-in Restaurants (TimeOut)
Bill Title: Int 2288-2021. Requiring certain businesses using bicycles for commercial purposes to provide bicycle operators with insulated food delivery bags.
Date Introduced: 4/29/2021
Introduced By: Justin L. Brannan, District 43
What it Would Mean: Third-party food delivery services that employ bicycle delivery workers would be required to provide them with insulated food bags free of charge.
Learn More: N/A
Bill Title: Int 2289-2021. Requiring that third-party food delivery services permit delivery workers to set limitations on distance and route for deliveries.
Date Introduced: 4/29/2021
Introduced By: Justin L. Brannan, District 43
What it Would Mean: Delivery workers for third-party food delivery services would have the option to set a maximum distance for trips and/or to indicate that they would not travel over bridges or through tunnels. The third-party services would have to respect the workers’ choices and not impose any negative consequences for their chosen route restrictions.
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Bill Title: Int 2294-2021. Establishing minimum per-trip payments to third party food delivery service workers.
Date Introduced: 4/29/2021
Introduced By: Brad S. Lander, District 39
What it Would Mean: The Department of Consumer and Worker Protection (DCWP) would be required to examine the working conditions of third-party food delivery workers and establish minimum per-trip payments in order to guarantee them a living wage.
Learn More:
- Council Member Lander on Delivery Worker Minimum Pay Bill (New York City Council)
Bill Title: Int 2296-2021. Establishing standards for payment of third-party service workers and a navigation program to aid such workers.
Date Introduced: 4/29/2021
Introduced By: Carlos Menchaca, District 38
What it Would Mean: The Department of Consumer and Worker Protection would have to establish rules for how workers for third-party service platforms are paid. Third-party services would not be allowed to charge workers any type of transaction fees to receive payment, payment options would have to be available for workers who might not have a bank account, and payments would be made at least once a week. DCWP would also create a navigation program to inform workers of their rights and provide assistance to those having issues with payments.
Learn More: N/A
Bill Title: Int 2298-2021 Requiring food service establishments to provide toilet facility access to food delivery workers.
Date Introduced: 4/29/2021
Introduced By: Carlina Rivera, District 2
What it Would Mean: Food delivery workers would be allowed access to a food service establishment’s restrooms while at the establishment for a delivery pick-up.
Learn More:
- Food Delivery Workers Could Get Relief From Council Bills to Open Restaurant Restrooms and Regulate Apps (The City)
- New Legislation Would Require Restaurants To Let Delivery Cyclists Use Their Restroom (Gothamist)
- RELIEF! Council Bill Would Let Delivery Riders Use Restaurant Bathrooms (StreetsBlog NYC)
- Restaurants Would be Required to Allow NYC’s 80,000 Food Delivery Workers to Use Restrooms Under Proposed Legislation (NY Daily News)
Bill Title: Int 2311-2021. Data on orders placed through third-party food delivery services.
Date Introduced: 5/12/2021
Introduced By: Keith Powers, District 4
What it Would Mean: Third-party food delivery services would be required to share certain customer information with the restaurants from which the customer is ordering, including the customer’s name, phone number, e-mail address, delivery address, and what they ordered. The restaurant would be allowed to keep this information and use it for marketing to the customer.
Learn More:
- NYC Bill Would Require Delivery Companies to Share Data with Restaurants (Restaurant Business)
