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. 

On March 7, 2023, DCWP published a revised proposed rule with two methods of payment that apps can use to meet the minimum pay requirement:

1. Apps that pay for all the time a worker is connected to the app (i.e., time waiting for trip offers and trip time) must pay at least $17.96 per hour, which is approximately $0.30* per minute, not including tips. OR
2. Apps that only pay for trip time (i.e., time from accepting a delivery offer to dropping off the delivery) must pay at least approximately $0.50* per minute, not including tips. 

*Due to rounding, these rates are approximate. Apps must calculate exact pay in accordance with the rule.

Some apps may use unique pay methods that may not display a per-minute or per-hour rate, but they must follow one of the minimum pay rates above.

Visit DCWP's website for more information.

Public Hearing on Revised Proposed Rule

The public hearing is at 11 AM on Friday, April 7, 2023. 

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