(a) For purposes of § 20-1521(a)(1) of the Administrative Code, maximum distance per trip refers to the route to be travelled from the first pick-up from a food service establishment on a trip to the last drop-off on such trip.
(b) Pursuant to Subdivisions (a) and (b) of § 20-1521 of the Administrative Code, a third-party food delivery service or third-party courier service must provide a food delivery worker with the ability to set and update the maximum distance parameter and preferences in respect to the bridges and tunnels listed in subdivisions c and d of this section using the third-party food delivery or third-party courier service's website, mobile application, or other internet service through which trips are offered to such worker. Such distance, bridge, and tunnel parameters, when set or updated, shall take effect automatically and as soon as practicable, without requirement for review, approval, or any other act by a natural person employed by or acting on behalf of the third-party food delivery service or third-party courier service. The functions to set and modify such parameters must be included within a user interface easily accessible to workers through the website, mobile application, or other internet service and no less accessible than other settings or profile information a food delivery worker can select or input. A food delivery worker must be able to select and deselect the bridges and tunnels listed in subdivisions c and d of this section using a list or map within the user interface.
(c) A third-party food delivery service or a third-party courier service must include the following selectable bridges in the user interface provided to a food delivery worker pursuant to subdivision b:
(1) Ed Koch Queensboro Bridge;
(2) Brooklyn Bridge;
(3) Williamsburg Bridge;
(4) Manhattan Bridge;
(5) Broadway Bridge;
(6) University Heights Bridge;
(7) Washington Bridge;
(8) Alexander Hamilton Bridge;
(9) Macombs Dam Bridge;
(10) 145th Street Bridge;
(11) Madison Avenue Bridge;
(12) Third Avenue Bridge;
(13) Willis Avenue Bridge;
(14) Pulaski Bridge;
(15) Greenpoint Avenue Bridge;
(16) Kosciuszko Bridge;
(17) Robert F Kennedy Bridge (Triborough Bridge);
(18) Bronx Whitestone Bridge;
(19) Throgs Neck Bridge;
(20) Verrazzano-Narrows Bridge;
(21) Marine Parkway-Gil Hodges Memorial Bridge;
(22) Joseph P. Addabbo Memorial Bridge (North Channel Bridge);
(23) Henry Hudson Bridge;
(24) High Bridge;
(25) George Washington Bridge;
(26) Bayonne Bridge;
(27) Goethals Bridge; and
(28) Outerbridge Crossing.
(d) A third-party food delivery service or a third-party courier service must include the following selectable tunnels in the user interface provided to a food delivery worker pursuant to subdivision b:
(1) Lincoln Tunnel;
(2) Holland Tunnel;
(3) Queens Midtown Tunnel; and
(4) Hugh L. Carey Tunnel (Brooklyn Battery Tunnel).
(e) If a third-party food delivery service or third-party courier service maintains a policy and practice of never offering trips that require travel over or through a particular bridge or tunnel identified in subdivisions (c) and (d) of this section, such bridge or tunnel may be omitted from the user interface the third-party food delivery service or third-party courier service provides pursuant to subdivision (b) of this section.
(f) Pursuant to § 20-1521(d)(2) of the Administrative Code, the estimated time and distance for a trip must include the total time and the total distance for a food delivery worker to complete the trip, including travel to a business from the location where the worker accepted the trip offer, picking up the food, beverage, or other goods for delivery, taking and depositing such delivery at a different location as requested, any waiting time, and any time spent placing the order with a food service establishment or other business, transmitting payment for the order to a food service establishment or other business, or assembling the order. The expected or required time of the last drop-off on a trip may be disclosed in lieu of the estimated time for the trip.
(g) Pursuant to § 20-1521(d)(3) of the Administrative Code, a third-party food delivery service or third-party courier service that engages a food delivery worker to perform a delivery must disclose to the food delivery worker the amount of any gratuity, if specified by the consumer, even if such third-party food delivery service or third-party courier service is not the party who received the order directly from the consumer.
Example: If a consumer places an order for delivery with a third-party food delivery service, and such third-party food delivery service transfers the order to a third-party food courier service that then facilitates the delivery, such third-party food courier service must disclose to the food delivery worker the amount of gratuity, if any, specified by the consumer.
Example: If a consumer places an order for delivery with a food service establishment or other business, and such food service establishment or other business transfers the order to a third-party food delivery service or third-party courier service that then facilitates the delivery, such third-party food delivery service or third-party courier service must disclose to the food delivery worker the amount of gratuity, if any, specified by the consumer.
(h) A third-party food delivery service or third-party courier service must pay a food delivery worker for a completed trip no less than the amount it discloses pursuant to § 20-1521(d)(4) of the Administrative Code, in addition to any gratuity owed for such trip. If, pursuant to subdivision (h) of this section, a third-party food delivery service or third-party courier service discloses an hourly pay rate to a food delivery worker, such third-party food delivery service or third-party courier service must pay such food delivery worker for the time such food delivery worker spends on the trip a rate no less than such hourly pay rate.
(i) If a third-party food delivery service or a third-party courier service compensates a food delivery worker on an hourly basis, such third-party food delivery service or third-party courier service must satisfy the requirements of § 20-1521(d)(4) of the Administrative Code by disclosing the hourly pay rate that will be applied to the time such food delivery worker spends performing the offered trip.
(j) For purposes of § 20-1521(a)(1) - (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 § 20-1521(d) of the Administrative Code.
(Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023)