Need something else?

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.

  • Agency: Department of Consumer and Worker Protection
  • Division: Office of Labor Policy and Standards
  • Phone Number: (212) 436-0380
  • Business Hours: Monday - Friday: 9 AM - 5 PM
  • Phone assistance is available, but some calls may go straight to voice mail. Please leave a detailed message and a representative will contact you. As an alternative, you can send an email to OLPS@dcwp.nyc.gov for assistance.

City laws require many food delivery apps to have a license and establish requirements that apps must follow concerning consumers, delivery workers, and restaurants.

Consumers

  • Apps must tell consumers that they 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.

Learn more about consumer rights.

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

Learn more about worker rights.

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.

Learn more about restaurant rights.

Apps must immediately pay delivery workers the Minimum Pay Rate of at least $17.96 per hour, as the New York State Supreme Court ruled on September 28, 2023.

Note: Due to an ongoing lawsuit, DCWP is not currently enforcing the minimum pay rate for Relay Delivery, Inc. workers.

Learn more and get the latest updates on DCWP's website.

City laws cap the fees that delivery apps can charge restaurants.

Fee cap amounts are:

  • 15% to deliver the order
  • 5% to provide service other than delivery and payment processing
  • 3% to process electronic payment (except if an app pays more than 3% and can show proof)

The laws require DCWP to issue a report on the fee caps. To inform recommendations, DCWP accepted feedback through May 26, 2023.

Learn more about fee caps and other delivery app requirements.

  Was this information helpful?   Yes    No