City lawmakers are taking bold steps to protect the rights of food delivery workers in New York City, introducing landmark legislation aimed at ensuring fair pay, bathroom access, and more. The proposals come as a direct result of activism from Los Deliveristas Unidos, a labor organization comprised of immigrant delivery couriers who kept New Yorkers fed during the pandemic.
The new package of six bills seeks to address the long-standing issues faced by app-based food delivery workers, including lack of bathroom access, alleged wage theft, and insufficient pay. Among the measures is one that would require restaurants to allow couriers picking up orders to use their bathrooms if requested, while also granting the city Department of Consumer and Worker Protection the power to fine establishments that deny restroom access.
Mayor Bill de Blasio has thrown his support behind the legislation, which comes as the city faces dual lawsuits from delivery giants over previous Council-passed regulations. "The exploitation of delivery drivers is unacceptable," said a spokesperson for the Mayor. "City Hall wholeheartedly supports these bills to protect delivery workers and deeply appreciates the grassroots organizing of Los Deliveristas Unidos."
The new package has also garnered support from at least one app company, Grubhub. The legislation aims to provide minimum payments per trip, ensure that tips get to workers, and put limits on how far couriers can be asked to deliver.
For the first time, City Council Speaker Corey Johnson has declared his support for the measures, stating that "the basic human dignity of delivery workers, many of whom are immigrants, has been ignored for too long across the country." Los Deliveristas Unidos leader Sergio Ajche expressed optimism over the expected approval of the bills, saying that "we have the support of a good group of elected officials, and that helps us muster strength to keep fighting."
The City Council vote comes nearly a year after THE CITY first reported on workers beginning to unite over the perilous nature of app-based delivery work. The bill from Councilmember Carlina Rivera would require most restaurants to allow delivery workers picking up an order to use the bathroom if requested, with fines for establishments that deny access.
Rivera has been working with the Deliveristas for nearly two years to come up with a package of bills. "Though this battle has been long and hard-fought, the fact that the Council will be voting on our legislation just a few short months after introduction is a testament to the organizing power and fierce determination of our city's Deliveristas," she said.
The working conditions of app-based food couriers came under further scrutiny earlier this month when the remnants of Hurricane Ida barrelled down on New York City, dumping a record amount of rain. Workers hauled outside in hip-deep water for meager pay as orders continued coming in. Images of food couriers wading through the deluge quickly began circulating on social media, reigniting public conversation over hazardous conditions workers face.
Toño Solís, a delivery worker and member of the Deliveristas, told THE CITY that he earned just $5 for an hour-long trip to deliver a meal in Brooklyn from Astoria the night of the downpour, including tip. He made just $115 during the 9.5 hour workday, roughly $12 an hour, with tips – lower than New York's $15-an-hour minimum wage.
Council bill sponsors say the crisis for workers runs deeper. "We shouldn't have needed a pandemic, or a hurricane, for us to recognize that Deliveristas are essential workers who deserve essential rights," said Councilmember Brad Lander.