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Apps and the delivery workers they hire to operate in New York City can contact the Department of Consumer and Worker Protection (DCWP) about:

  • Legal rights for delivery workers
  • Legal requirements for apps concerning consumers, delivery workers, restaurants

You can get more information and assistance from DCWP.

Online

By Phone

A DCWP representative can answer questions during regular business hours.

Call 311 or 212-NEW-YORK (212-639-9675) for assistance.

New City laws require many food delivery apps to have a license and establish requirements that apps must follow concerning consumers, delivery workers, and restaurants. Visit nyc.gov/DeliveryApps for more information about requirements.

Consumers

  • Apps must tell consumers that you collect their data and may share it with restaurants unless consumers opt out.
  • Apps must allow consumers to opt out of having their data shared with a restaurant.
  • Apps must tell consumers how much delivery workers get paid from a tip, in what form, and when.

Delivery Workers

Licensed apps (apps that take customer orders directly for delivery) must:

  • Tell delivery workers how much the customer tips for each delivery.
  • Tell delivery workers their total pay and tips for the previous day.

All apps must:

  • Give delivery workers more control over their deliveries, including setting limits on how far workers will go from restaurants and which bridges or tunnels they will use.
  • Tell delivery workers route details before they accept a delivery.
  • Pay delivery workers at least once a week.
  • Give delivery workers a free insulated food delivery bag after 6 deliveries.

Restaurants

  • Apps must have a written agreement with a restaurant to list it on the app.
  • Apps that list or link to a phone number for a restaurant must include the restaurant’s direct phone number.
  • Apps must make clear to consumers that any additional listed phone number is for the app and confirm any fees to use numbers to place orders.
  • Apps must give restaurants consumer data if they request it.
  • Apps cannot charge restaurants for phone orders that do not end with a sale.
  • Apps cannot charge restaurants more than the fee caps.

By law, the City will set a minimum pay rate for app-based restaurant delivery workers. Because delivery workers are independent contractors and not employees, they do not receive a minimum wage, expense reimbursement, or other benefits like health insurance. 

On November 16, 2022, the Department of Consumer and Worker Protection (DCWP) published a proposed rule with the proposed minimum pay rate of $23.82 per hour which includes:

  • $19.86 (base earnings) 
  • $2.26 (to cover expenses)
  • $1.70 (to cover lack of workers’ compensation insurance) 

The City will finalize the rate after a public hearing on the proposed rule and consideration of public comments.

The rate would phase in over two years, starting at $17.87 per hour and increasing to $23.82 per hour in 2025.

DCWP conducted a study on the pay and working conditions of delivery workers. The findings informed the proposed minimum pay rate. To learn more, read A Minimum Pay Rate for App-Based Restaurant Delivery Workers in NYC on DCWP's website.

Public Hearing on Proposed Rule

The public hearing is at 11 AM on Friday, December 16, 2022. 

To submit public comments, go to rules.cityofnewyork.us.  

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