Legislation is third phase of Council’s comprehensive effort to increase safety, transparency, and wage standards for delivery sector
City Hall, NY — Today, three bills passed by the New York City Council one month ago to expand protections for delivery workers became law, after the mayor failed to take action within 30 days of their passage. The new laws provide critical protections for food and grocery delivery workers by establishing standards for tipping and timely payment of wages. They were enacted into law, even as Mayor Adams vetoed Introductions 1133-A and 1135-A, bills that were part of the legislative package to extend existing minimum pay standards for food delivery workers to grocery delivery workers. The package of bills are the third set of reforms advanced by the Council in its ongoing efforts to advance a sustainable delivery sector through improved safety, transparency, and workplace standards. It followed the recent passage and enactment of laws to establish e-bike safety requirements and preserve limits on the fees that delivery apps can charge restaurants.
“As the delivery sector continues to grow, it remains critical for our city to expand protections for delivery workers that protect them from exploitation in order to have a sustainable industry,” said Speaker Adrienne Adams. “All contracted delivery workers provide essential labor, and they deserve fair workplace safety and pay standards, as we address broader safety and quality of life issues in our communities caused by delivery app corporations. The Council is proud to enact these protections into law and will continue to build on our efforts by overriding the mayor’s vetoes and passing additional laws to create a sustainable delivery sector.”
In recent years, the app-based delivery industry has rapidly expanded within New York City, as consumers have embraced food and grocery delivery as a convenient alternative. In 2021, the Council passed a package of bills establishing minimum pay and working conditions standards for contracted workers with third-party food delivery platforms, which were the largest entities employing contracted delivery workers at that time. This latest package of bills primarily would extend existing wage and workplace protections to all contracted delivery workers, including for the fast-growing grocery delivery app businesses, and clarify requirements to further safeguard all delivery workers’ tips.
The bills becoming law today include the following that strengthen protections for delivery workers’ tips and timely wage payments:
Introduction 737-A, now Local Law 107, sponsored by Council Member Shaun Abreu,would require third-party food and grocery delivery services to offer a tipping option of at least 10 percent of the purchase price on each food or grocery delivery order.
Introduction 738-A, now Local Law 108, sponsored by Council Member Shaun Abreu,would require third-party food and grocery delivery services to provide the option to tip before or at the same time an order is placed.
Introduction 859-A, now Local Law 113, sponsored by Council Member Shaun Abreu,would require delivery services to pay their contracted delivery workers no later than 7 calendar days after the end of a pay period. This bill would also require delivery services to provide each contracted delivery worker with an itemized, written statement that outlines their compensation no later than 7 days after the end of the pay period. Finally, this bill would require delivery services to keep such statements for at least three years and provide copies to contracted delivery workers upon request.
“Deliveristas deserve a clear understanding of how their pay is calculated, and customers deserve an easy and transparent way to tip,” said Council Member Shaun Abreu. “This legislation strengthens fairness and transparency for both workers and customers. I’m grateful to Speaker Adams for her leadership, to my colleagues for their collaboration, and to the Department of Consumer and Worker Protection for their thoughtful work on these bills.”
The bills vetoed by the mayor include the following minimum pay standards and workplace protections:
Introduction 1133-A, sponsored by Council Member Jennifer Gutiérrez,would extend food delivery worker protections to all contracted delivery workers retained to deliver goods for a delivery service. These worker protections would include requirements for transparently providing information, access to bathrooms, distribution of fire safety materials, and insulated delivery bags. This bill would also require the Department of Consumer and Worker Protection (DCWP) to study working conditions and determine a minimum pay rate for contracted delivery workers.
“For a mayor who claims to champion working-class New Yorkers, vetoing 1133 and 1135 is more than disappointing — it’s a betrayal,” said Council Member Jennifer Gutiérrez. “These bills were designed to protect the very delivery workers his own administration once said they wanted to help. The fact that this commonsense idea came from City Hall in the first place makes this reversal all the more cynical.”
Introduction 1135-A, sponsored by Council Member Sandy Nurse,would require third-party grocery delivery services to pay their delivery workers a minimum pay rate that would meet or exceed that set by DCWP. DCWP may adjust the minimum pay rate to the circumstances of grocery delivery workers.
“Mayor Adams’ veto defends the exploitation of grocery delivery workers and is a step backwards for workers’ rights in our city,” said Council Member Sandy Nurse. “The Mayor has aligned himself with Instacart, a multi-billion dollar company that refuses to pay their workers fairly and instead is spending countless dollars on lobbyists and ads to spread lies. Together with my colleagues at the Council, we will override this veto and ensure that Intro 1133 and 1135 goes into effect.”
The enacted laws in the Council’s previous two phases to advance a sustainable delivery sector include the following to establish e-bike safety standards and preserve limits on fees that delivery apps can charge restaurants:
Introduction 30-B, now Local Law 95 of 2025, sponsored by Council Member Oswald Feliz, would establish safety requirements for powered bicycles when used by contracted delivery workers. Specifically, the bill requires that any powered bicycle operated by a contracted delivery worker on behalf of a delivery service meet local standards established for the sale of such device, which includes certification by an accredited testing laboratory. Such device may be provided by the delivery service or the worker, but the delivery service could not require that the worker obtain a compliant device as a term of employment. Responsibility for compliance with these provisions would fall on the delivery service. This bill would relieve a delivery service of their obligation to verify the use of compliant delivery devices under this law if the delivery service contributes significantly to a trade-in program that provides compliant e-bikes to delivery workers that trade in their non-compliant devices. It would also relieve a delivery service of their obligation under the law if the delivery service contributes to a rental program that would rent compliant devices and batteries to delivery workers.
“Fires related to e-bikes have been increasing at an alarming rate across the city,” said Council Member Oswald Feliz. “Although we’ve made progress on the issue of injuries and deaths related to e-bike fires, the threat remains. This year, NYC has seen more e-bike fires than it’s ever seen: 116, compared to 113 and 108 in 2023 and 2024, through June 23rd. These fires are destructive – they destroy homes, displace families, and put all of us at risk. Last month’s fire in the Bronx was just an example: a five-alarm fire in the Bronx, caused by a lithium ion battery led to 15 people being injured, including a firefighter. The fire-related threats caused by e-bikes will not go away on their own – resolution requires better rules, standards, and systems. This piece of legislation will be a step towards removing dangerous uncertified batteries off our streets and ensuring delivery workers who rely on them have access to safe equipment.”
Introduction 762-B, now Local Law 79 of 2025, sponsored by Council Member Rafael Salamanca, Jr., would maintain limits on the fees that third-party delivery services can charge restaurants, while allowing apps to provide optional enhanced services for an additional fee of 20 percent. It would only permit charging an enhanced service fee, however, if the delivery service also offers the option to purchase a basic service plan at a cost no higher than the current fee limits that includes delivery services and being listed and discoverable on the third-party platform.
“Intro 762-B is a long-overdue compromise that serves as a major win for local restaurants and consumers, and is the result of extensive negotiations that ensured small, independent restaurants’ voices were heard and their needs met,” stated Council Member Rafael Salamanca. ‘This legislation ensures that our restaurants can continue to benefit from a strong cap on basic delivery fees, while also giving them an option to opt into enhanced services. Intro 762-B also institutes the strongest food delivery commission cap of its kind in the country. Securing passage of 762-B ends a protracted legal battle between delivery apps and the city that could’ve placed a significant financial burden on the city and taxpayers and led to unintended consequences for restaurants and the countless New Yorkers who utilize third party delivery apps.”
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