(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 § 20-1506(a) 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 Department within thirty (30) days of receiving such request or subpoena. The Department may issue such written request or subpoena for purposes of discharging any of its responsibilities under §§ 20-1507 or 20-1522 of the Administrative Code.
(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.
(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.
(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 § 20-1506 of the Administrative Code shall not apply while such written request or subpoena is the subject of a timely-filed pre-compliance review proceeding.
(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 and any rules promulgated thereunder 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 third-party 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 following data and records:
(1) With respect to all food delivery workers, first name, last name, phone number, email address, internal identifier, taxpayer identification number if required to maintain such number under federal or state law, 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 and 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 internal identifier of the recipient, and the phone number and email address of the recipient.
(3) With respect to the maximum distance, bridge, or tunnel parameters set or updated under § 20-1521(a) - (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 internal identifier of the food delivery worker who selected or updated such parameters.
(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 § 20-1521(d) of the Administrative Code, including:
a. The address(es) 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 § 7-806(f), the expected or required time of the last drop-off on the trip;
d. The amount of any gratuity(ies) specified by the consumer(s); 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 § 7-806(h), 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 date(s) and time(s) that the information required to be disclosed by § 20-1521(d) 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 § 20-1521(d)(2) 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 address(es) of where the food, beverage or other goods must be picked-up and, for the location(s) to which the food, beverage, or other goods must be delivered, the zip code and the latitude and longitude, accurate to a precision of three decimal places;
(viii) The gratuity the third-party food delivery service or third-party courier service charged to the consumer(s) for the order(s) on the trip;
(ix) The gratuity the third-party food delivery service or third-party courier service paid to the food delivery worker for the trip;
(x) The compensation, excluding gratuity, paid to the food delivery worker for the trip. If a third-party food delivery service or third-party 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;
(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 internal 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 pay period during which a food delivery worker engaged in any trip time or on-call time:
(i) The first name, last name, and internal identifier of the food delivery worker;
(ii) The date, time, and amount of any payment made to the food delivery worker for the pay period, or any part thereof;
(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, excluding gratuities, 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 compensation creditable towards a third-party food delivery service or third-party courier service's obligations under 6 RCNY § 7-810 and any other compensation the third-party food delivery service or third-party courier service may have paid to the food delivery worker;
(vii) The gratuities paid to the food delivery worker for trips with a pickup or drop off location in New York City;
(viii) All deductions from, additions to, or adjustments of compensation owed or paid to the food delivery worker, itemized by type.
(ix) The minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810(c).
(6) With respect to each pay period:
(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 service's obligation under 6 RCNY § 7-810 and any other compensation the third-party food delivery service or third-party courier service may have paid to the food delivery worker;
(v) The minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810(c).
(7) With respect to each insulated food delivery bag provided to a food delivery worker:
(i) The first name, last name, and internal 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.
(8) With respect to each deactivation of a food delivery worker:
(i) The first name, last name, and internal 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 engages in trip time or on-call time:
(i) The first name, last name, and internal identifier of the food delivery worker;
(ii) The start date and time and end date and time of each span of on-call time;
(iii) The start date and time and end date and time of each span of trip time; and
(iv) The manufacturer, name, and model number of the phone that the food delivery worker used to engage in trip time or on-call time.
(d) 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 service's operations in New York City for all periods on or after January 1, 2022; provided however, that for all periods between January 1, 2022 and the effective date of this subdivision, a third-party food delivery service or third-party courier service must produce reports only to the extent that such third-party food delivery service or third-party courier service maintained all or part of such records. The reports required to be produced pursuant to this subdivision may be required by the Department no more frequently than monthly and must be produced in accordance with a format, layout, and procedure prescribed by the Department, provided that this subdivision shall not be construed as requiring a third-party food delivery service or third-party courier service to submit reports on orders for which it had no responsibility for facilitating or arranging the delivery or pickup of food, beverages, or other goods by a food delivery worker. A third-party food delivery service or third-party courier service must maintain the records used to produce such reports for a period of three years. Such reports may include the following information for each pay period aggregated citywide and by zip code of the pickup or drop-off location in New York City, food delivery worker mode of transportation, and merchant line of business:
(1) The number of food delivery workers who engaged in any trip time;
(2) The number of food delivery workers who engaged in any on-call time;
(3) The number of trips with a pickup or drop-off location in New York City;
(4) The minutes of trip time;
(5) The minutes of on-call time;
(6) The total amount paid to food delivery workers, excluding gratuities, creditable towards a third-party food delivery service or third-party courier service's obligation under 6 RCNY § 7-810;
(7) The total gratuities paid to food delivery workers for trips with a pickup or drop-off location in New York City;
(8) The minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810(c);
(9) The number of consumers who received at least one delivery with a pickup or drop-off location in New York City;
(10) The number of completed deliveries with a pickup or drop-off location in New York City;
(11) The total amount charged to consumers for the food, beverage, or other goods on deliveries with a pickup or drop-off location in New York City;
(12) The fees charged to consumers on orders for delivery with a pickup or drop-off location in New York City;
(13) The subscription and membership fees charged to consumers in New York City;
(14) The number of merchants who prepared at least one order for delivery with a pickup or drop-off location in New York City;
(15) The delivery fees, payment processing fees, and other fees charged to merchants on orders for delivery with a pickup or drop-off location in New York City, itemized by type.
(e) The Department may prescribe data specifications, including field definitions, record layouts, and uniform codes, for any record required to be maintained pursuant to subdivision (c) or (d) of this section. If prescribed by the Department, a third-party food delivery service or third-party courier service must maintain the required records in accordance with such specifications.
(Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023)