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5642

THE CITY RECORD

1 Deactivation means a third-party food delivery service or third-party courier service ceases to offer shifts or trips to a food delivery worker on a temporary or permanent basis.
2 On-call time means the time a food delivery worker is connected to a third-party food delivery service or third-party courier services electronic system for arranging or monitoring trips in a status where the food delivery worker is available to receive or accept trip offers or assignments with a pickup or drop-off location in New York City, and excludes all trip time.
3 Pay period means a fixed and regularly recurring period of 168
hours or seven consecutive 24-hour periods.
24 Trip has the same meaning as set forth in Section 20-1501 of the Administrative Code, provided that a single trip may encompass multiple deliveries.
5 Trip time means the span of time between the moment a food delivery worker accepts an offer from a third-party food delivery service or third-party courier service to perform a trip or receives an assignment to perform a trip with a pickup or drop-off location in New York City through the moment a trip is completed or cancelled.
b As used in this subchapter, the following terms have the same meanings as set forth in Section 20-1501 of the Administrative Code:
Food delivery worker, food service establishment, third-party courier service, and third-party food delivery service.
7-805 Recordkeeping.
a 1 A request or subpoena for information or records from the Department must be served on a third-party food delivery service or third-party courier service in writing in person, via mail, or via email. When the Department issues a written request or subpoena for data, information or documents under Section 20-1506a of the Administrative Code, a third-party food delivery service or thirdparty courier service must provide all responsive data, information, or documents to the Department within thirty 30 days of receiving such request or subpoena.
2 A deadline of more than 30 days may be agreed to on consent by the Department and the third-party food delivery service or third-party courier service.

WEDNESDAY, NOVEMBER 16, 2022

4 With respect to each trip offered to a food delivery worker:
i All information disclosed to a food delivery worker before such worker accepts a trip under Section 20-1521d of the Administrative Code, including:
a. The addresses where the food, beverage or other goods must be picked up;
b. The estimated distance for the trip;
c. The estimated time for the trip or, if disclosed in lieu of estimated time for the trip pursuant to 6 RCNY 7-8067ef of this subchapter, the expected or required time of the last drop-off on the trip;
d. The amount of any gratuityies specified by the consumers; and e. The amount of compensation excluding gratuity to be paid to the food delivery worker for the trip or, if disclosed in lieu of compensation excluding gratuity pursuant to 6 RCNY 7-8067h, the hourly pay rate applicable to the trip;
ii The date and time that the trip offer was made to the food delivery worker;
iii If different from the date and time that the trip offer was made to the food delivery worker, the dates and times that the information required to be disclosed by Section 20-1521d of the Administrative Code was first disclosed to a food delivery worker;
iv Whether the offer was accepted, declined, or expired, and the date and time at which this status was recorded;
v The route used to generate the estimated trip distance disclosed to a food delivery worker pursuant to Section 20-1521d2 of the Administrative Code and the date and time it was generated. Such route must include a sequence of latitude and longitude coordinates;
vi The route distance between the first food service establishment from which the food, beverage or other goods must be picked up on the trip and the last delivery address on the trip;
vii The addresses of where the food, beverage or other goods must be picked-up and, for the locations to which the food, beverage, or other goods must be delivered, the zip code and the latitude and longitude of the locations to which the food, beverage, or other goods must be delivered, accurate to a precision of three decimal places;

3 A third-party food delivery service or third-party courier service must provide data, information or documents to the Department in their original format or, if so requested, in the comma-delimited formats and layouts prescribed by the Department in such written request or subpoena.

viii The gratuity the third-party food delivery service or third-party courier service charged to the consumers for the orders on the trip;

4 The Department may issue a notice of violation to a third-party food delivery service or third party courier service who fails to provide true and accurate electronic records or information by the deadline provided in the written request or subpoena or the deadline agreed to by the parties, provided that any monetary penalties authorized by law for a violation of section 20-1506 of the Administrative Code shall not apply whileif such written request or subpoena is the subject of a pending timely-filed pre-compliance review proceeding.

x The compensation, excluding gratuity, paid to the food delivery worker for the trip. If a third-party food delivery service or thirdparty courier service compensates a food delivery worker on an hourly basis, the amount of compensation for a trip is the time between the acceptance of an offered trip and its completion or cancellation, multiplied by the hourly payment rate for that trip;

b A third-party food delivery service or third-party courier service must create and maintain contemporaneous, true, and accurate records documenting compliance with the requirements of Chapter 15 of Title 20 of the Administrative Code for a period of three years. If, in the ordinary course of business, any record required to be maintained under this subdivision is created by a person other than such thirdparty food delivery service or third-party courier service, it is the responsibility of such third-party food delivery service or third-party courier service to obtain a copy of such record.
c A third-party food delivery service or third-party courier service must maintain the data specified in this subdivision, or a copy of such data, according to record layouts prescribed by the Department, provided that such record layouts have been published and made available on the Departments website. Such data shall include:
1 With respect to all food delivery workers, first name, last name, phone number, email address, a unique identifier for the worker, preferred language, first date hired, retained or engaged, and last date hired, retained or engaged.
2 With respect to the notice of rights, data sufficient to show each email or text message containing the notice of rights that was sent to a food delivery worker, the date and time such email or text message was sent, the first name, last name, and a unique identifier of the recipient, and, as applicable, the phone number or email address of the recipient.
3 With respect to the maximum distance, bridge, or tunnel parameters set or updated under Sections 20-1521a-b of the Administrative Code, the date, time, and content of every selection of or update to such parameters and the first name, last name, and a unique identifier of the food delivery worker who selected or updated such parameters.

ix The gratuity the third-party food delivery service or third-party courier service paid to the food delivery worker for the trip;

xi Whether the trip was completed or cancelled, and the date and time of completion or cancellation; and if cancelled,whether the cancellation was initiated by the food delivery worker, the customer, the business from which the food, beverage, or other good was to be picked-up, or the third-party food delivery service or third-party courier service;
xii The first name, last name, and a unique identifier of the food delivery worker to whom the offer was made; and xiii Whether each business from which the food, beverage or other goods must be picked up was a food service establishment.
5 With respect to each payment to a period during which a food delivery worker had any trip time:
i The first name, last name, and unique identifier of the food delivery worker receiving payment; and ii The date, andtime, and amount of any payment,the start and end date of the pay period, the amount of compensation, and all fees or deductions from compensation, itemized by type. made to the food delivery worker;
iii The start date and time and end date and time of the pay period;
iv The minutes of trip time worked by the food delivery worker;
v The minutes of on-call time worked by the food delivery worker;
vi The compensation paid to the food delivery worker and the basis for such compensation, including rates of pay and units of pay. Such records must distinguish between a compensation creditable towards a third-party food delivery service or third-party courier services obligation under Section 7-810b and c and any other compensation the food delivery worker may have received;
vii The gratuities paid to the food delivery worker for trips with a pickup or drop off location in New York City;