NYC Passes Bills Protecting Food Delivery Workers

Filed under: Compensation Compliance,Employment law,News |

https://rss.shrm.org/link/22135/14773049/nyc-bills-protect-food-delivery-workers.aspx

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​The New York City Council passed bills on Sept. 23 to provide pay, bathroom breaks and other protections to the city’s food delivery workers. We’ve gathered articles on the news from SHRM Online and other media outlets.

Bills’ Requirements

The bills will establish minimum payments for delivery workers and let workers set a maximum distance per trip that they will travel. The Department of Consumer and Worker Protection now is required to complete a study on food delivery workers and establish rules on the minimum payment required per trip. The bills will stop apps from charging workers fees to receive their pay and require pay at least once a week. One bill will make apps disclose their tipping policies and another will stop apps from charging delivery workers for insulated bags that ensure food is delivered hot. Another bill will require that restaurants allow workers to use their bathrooms. Food delivery services need to add a provision in contracts with restaurants that let couriers use bathrooms if the courier is picking up a delivery.

(Gothamist) and (CNBC)

Mayor Supports the Measures

Mayor Bill de Blasio supported the bills. Underpayment or nonpayment of base pay and tips for food delivery workers worsened during the pandemic.

(The New York Times)

Bill Proponent’s Statement

“Delivery workers have worked tirelessly throughout the pandemic, risking their livelihoods to singlehandedly keep New Yorkers fed and our restaurants afloat,” said Council Member Carlina Rivera, a proponent of the bathroom access bill.

(New York Post)

Trendsetting Legislation?

With the bills, New York City became the first major U.S. city to set minimum protections for food delivery workers. The issue of how far workers can be asked to ride came to the forefront when some deliverers were sent on interborough trips as remnants of Hurricane Ida pounded the city earlier this month. While Grubhub supported the bills, the measures could face legal pushback from other companies.

(THE CITY)

Judge Says California Gig-Economy Law Is Unenforceable

California voters approved Proposition 22 in November 2020, allowing gig-economy companies to classify app-based ride-hailing and delivery drivers as independent contractors if certain criteria are met. On Aug. 20, a state judge said the law is unconstitutional and unenforceable. California uses a three-pronged “ABC” test to determine worker classification. The stringent test renders most workers employees unless their jobs fall under an exception.

(SHRM Online)

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