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Update Applicable to:

All covered New York City employers and multi-state businesses that have at least 1 food delivery worker defined as a third-party food delivery service or courier service.

What happened?

Local law 115 of 2021 was passed in New York City, aiming to provide a minimum wage for covered third party Food Delivery services or couriers, but the law is not yet enforceable due to an article 78 proceeding.

What are the details?

Starting July 12, 2023, covered employers should pay their couriers a minimum wage of $17.96 per hour, which will increase on April 1st each year. However, due to an article 78 proceeding, the Agency in charge of enforcing said provisions, which is the Department of Consumer and Worker Protection (DCWP), cannot do it until the proceedings are done.

Best practices

  • Covered employers should review the above resources and carefully monitor the development of these proceedings.
  • Employers should seek counsel from a labor attorney on how they can develop a strategy to better adapt to the result.

Employers should review additional resources here:

Law Firm Article

News Article

NYC Minimum Pay for Food Delivery Workers

NYC Third-Party Food Delivery Services & Courier Industry FAQ

NYC Local Law 115 of 2021

Administrative Code of New York (City) 20-1522

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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