Official Journal of the City of New York - November 16, 2022

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Source: Official Journal of the City of New York

WEDNESDAY, NOVEMBER 16, 2022

THE CITY RECORD

5643

viii All deductions from, additions to, or adjustments of compensation owed or paid to the food delivery worker, itemized by type.

vii The amount of gratuities paid to food delivery workers for trips with a pickup or drop-off location in New York City;

6 With respect to each pay period:

viii The number of consumers who received at least one delivery with a pickup or drop-off location in New York City;

i The start date and time and end date and time of the pay period;
ii The total minutes of trip time for all food delivery workers;
iii The total minutes of on-call time for all food delivery workers;
iv The total compensation paid to all food delivery workers. 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 any other compensation the food delivery worker may have received.
67 With respect to each insulated food delivery bag provided to a food delivery worker:
i The first name, last name, and a unique identifier of the worker to whom the delivery bag was provided; and ii The date of provision, and whether provision was by pickup or whether the third-party food delivery service or third-party courier service sent the insulated delivery bag to the food delivery worker.
78 With respect to each deactivation of a food delivery worker:
i The first name, last name, and a unique identifier of the worker who was deactivated;
ii The date and time of deactivation;
iii The date and time of reactivation, if applicable;
iv The reason for the deactivation; and v Whether the deactivation was effected through an automatic or a manual process.
9 With respect to each instance in which a food delivery worker is connected to a third-party food delivery service or third-party courier services electronic system for arranging, monitoring, and performing trips:
i The first name, last name, and a unique identifier of the food delivery worker;
ii The start date and time and end date and time of each span of oncall time;
iii The start date and time and end date and time of each span of trip time; and iv The start date and time and end date and time of each span of time that the food delivery worker is connected to such system in any other status, other than on-call time or trip time, itemized by status.
d For pay periods that include time before and after the minimum pay rate under Section 7-810 takes effect or changes, the records required to be maintained under Section 7-805c5 or Section 7-805c6 must be maintained separately for the part of the pay period preceding the effective date of the rate or rate change and the part of the pay period covered by the new or changed rate.
e In accordance with applicable law and upon receipt of appropriate notice, a third-party food delivery service or third-party courier service must produce reports to the Department concerning such third-party food delivery service or third-party courier services operations in New York City for periods beginning on or after January 1, 2022. Such reports may be required by the Department no more frequently than monthly and must be produced in accordance with record layouts prescribed by the Department, provided such record layouts have been published and made available on the Departments website. A
third-party food delivery service or third-party courier service must maintain all records necessary to produce such reports. Such reports must include the following information aggregated at a citywide level and by zip code of the pickup location in New York City, mode of transportation, and merchant line of business:
i The number of food delivery workers who engaged in any trip time or on-call time;

ix The number of completed deliveries with a pickup or drop-off location in New York City;
x The number of cancelled deliveries with a pickup or drop-off location in New York City;
xi The amount charged to consumers for delivery of food, beverage, or other goods with a pickup or drop-off location in New York City;
xii The fees charged to consumers on orders for delivery with a pickup or drop-off location in New York City, itemized by type;
xiii The number of merchants in New York City who prepared at least one order for delivery;
xiv The delivery fees, payment processing fees, and other fees charged to merchants in New York City, itemized by type.
7-806 Delivery Distance and Route.
j For purposes of Section 20-1521a1 - 3 of the Administrative Code and this section, a trip offered to a food delivery worker by a third-party food delivery service or third-party courier service requires travel across a bridge or through a tunnel if the shortest route generated by a routing engine selected by the Department for such trip involves passage over such bridge or through such tunnel, unless such third-party food delivery service or third-party courier service produces contemporaneous records showing that it provided an alternative route not requiring passage over such bridge or through such tunnel to such food delivery worker and that such route was consistent with the time and distance disclosed under Section 20-1521d2 of the Administrative Code.
7-807 Payments to Workers.
a For purposes of Section 20-1523a of the Administrative Code, a third-party food delivery service or third-party courier service shall be considered to have charged or imposed a fee on a food delivery worker for the use of a form of payment selected by such service if 1 the service does not offer a form of payment to a food delivery worker free from any fees charged or imposed by a financial intermediary or other person or 2 a fee for payment is charged or imposed on a food delivery worker by any parent, affiliate, or subsidiary entity of the third-party food delivery service or third-party courier service.
b A third-party food delivery service or third-party courier service must calculate compensation owed to each food delivery worker, and to all food delivery workers, for each pay period. The pay period need not coincide with the calendar week but may begin on any day and at any hour of the day. A third-party food delivery service or thirdparty courier service must establish a single pay period for all food delivery workers it engages. Once the beginning time of the pay period is established, it must remain fixed, and may be changed only if the change is intended to be permanent.
c Pursuant to Section 20-1523b of the Administrative Code,
Aa third-party food delivery service or third-party courier service must pay a food delivery worker for work performed weekly all compensation owed to each food delivery worker, and to all food delivery workers,and no later than seven 7 calendar days after the end of the week in which the work was performed relevant pay period.
7-810 Minimum Pay.
a When the dDepartment issues a subpoena for data, information or documents under Section 20-1522a2 of the Administrative Code, a third-party food delivery service or third-party courier service must provide all responsive data, information or documents to the dDepartment within 30 days of receiving such subpoena and, if so requested, in the comma-delimited formats and layouts prescribed by the dDepartment in such subpoena.

iii The minutes of trip time;

b A third-party food delivery service or third-party courier service must pay to a food delivery worker who engages in trip time in a pay period no less than the sum of such food delivery workers trip time in that pay period multiplied by the following minimum pay rates:

iv The minutes of on-call time;

i $17.87 per hour, on or after January 1, 2023;

v The number of trip miles with a pickup or drop-off location in New York City;

ii $17.87 per hour, adjusted for inflation, on or after April 1, 2023;

ii The number of trips with a pickup or drop-off location in New York City;

vi The amount paid to food delivery workers, excluding gratuities, creditable towards a third-party food delivery service or third-party courier services obligation under Section 7-810c;

iii $20.25 per hour, adjusted for inflation, on or after April 1, 2024, and iv $23.82 per hour, adjusted for inflation, on or after April 1, 2025.

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Official Journal of the City of New York - November 16, 2022

TitoloOfficial Journal of the City of New York

PaeseStati Uniti

Data16/11/2022

Conteggio pagine20

Numero di edizioni4002

Prima edizione05/03/2008

Ultima edizione06/06/2024

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