WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) "Food delivery platformFood delivery platform"Food delivery platform" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workers.Labor Law § 796(1)" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workersDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2).
(2) "Delivery workerDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2)" means any individual who delivers food or beverages on behalf of a food delivery platformFood delivery platform"Food delivery platform" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workers.Labor Law § 796(1) by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.
(3) "Algorithmic management systemAlgorithmic management system"Algorithmic management system" means any automated, computational, or artificial intelligence-based system used by a food delivery platform to assign deliveries, estimate delivery times, evaluate performance, determine compensation, impose penalties, or control access to work opportunities.Labor Law § 796(3)" means any automated, computational, or artificial intelligence-based system used by a food delivery platformFood delivery platform"Food delivery platform" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workers.Labor Law § 796(1) to assign deliveries, estimate delivery times, evaluate performance, determine compensation, impose penalties, or control access to work opportunities.
(4) "Punitive algorithmic practicePunitive algorithmic practice"Punitive algorithmic practice" means any algorithmic rule, metric, or automated decision that penalizes, deprioritizes, limits access to work, reduces compensation, or results in suspension or deactivation of a delivery worker based on delivery speed, timing, or completion metrics that do not reasonably account for traffic laws, traffic conditions, weather, restaurant preparation time, or other factors outside the worker's control.Labor Law § 796(4)" means any algorithmic rule, metric, or automated decision that penalizes, deprioritizes, limits access to work, reduces compensation, or results in suspension or deactivation of a delivery workerDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2) based on delivery speed, timing, or completion metrics that do not reasonably account for traffic laws, traffic conditions, weather, restaurant preparation time, or other factors outside the worker's control.
Section 796 establishes the four key defined terms that govern the scope of Article 21-D. Food delivery platform is defined broadly to cover any person or entity operating a digital application or online service arranging food delivery through delivery workers — capturing major platforms such as DoorDash, Uber Eats, and Grubhub. Delivery worker is defined to include individuals delivering by any mode of transport, and critically applies regardless of employee or independent contractor classification, ensuring gig workers cannot be excluded. Algorithmic management system covers any automated or AI-based system used for assignment, timing, evaluation, compensation, penalties, or access control — a broad functional definition. Punitive algorithmic practice captures the specific category of harmful algorithmic conduct the bill targets.
1(a)–(d) 1 No food delivery platformFood delivery platform"Food delivery platform" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workers.Labor Law § 796(1) shall utilize or deploy any algorithmic management systemAlgorithmic management system"Algorithmic management system" means any automated, computational, or artificial intelligence-based system used by a food delivery platform to assign deliveries, estimate delivery times, evaluate performance, determine compensation, impose penalties, or control access to work opportunities.Labor Law § 796(3) that: (a) Requires or incentivizes delivery workersDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2) to complete deliveries within a fixed or rigid time window that cannot reasonably be met while complying with all applicable traffic laws and safety regulations; (b) Penalizes, deactivates, suspends, deprioritizes, or otherwise limits a delivery workerDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2)'s access to work opportunities for failure to meet delivery time estimates that do not account for traffic patterns, traffic congestion, weather conditions, restaurant delays, or lawful compliance with traffic signals, signage, and rules of the road; (c) Directly or indirectly incentivizes speeding, unsafe operation of a vehicle or bicycle, or disregard of traffic control devices, signage, or pedestrian right-of-way; and (d) Reduces pay, tips, bonuses, or access to incentives based on a delivery workerDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2)'s refusal or inability to engage in unsafe or unlawful conduct.
2 2 Any delivery time estimates provided to consumers or workers shall be expressly identified as estimates only and shall not be used as the sole or primary basis for discipline, reduced compensation, or loss of access to work.
Section 796-a is the operative core of the bill, imposing four categorical prohibitions on food delivery platforms' use of algorithmic management systems. The prohibitions target the full lifecycle of coercive algorithmic pressure: unreasonable fixed delivery windows that cannot be met while obeying traffic laws; penalties for failing to meet estimates that ignore external factors; direct or indirect incentivization of unsafe driving behavior; and reduction of compensation for workers who refuse unsafe or unlawful conduct. Subdivision 2 adds a safeguard requiring that delivery time estimates be labeled as estimates and may not serve as the sole or primary basis for discipline or reduced compensation.
1(a)–(c) 3 Food delivery platformsFood delivery platform"Food delivery platform" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workers.Labor Law § 796(1) shall provide delivery workersDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2) with clear, written notice, in plain language, of: (a) The factors considered by any algorithmic management systemAlgorithmic management system"Algorithmic management system" means any automated, computational, or artificial intelligence-based system used by a food delivery platform to assign deliveries, estimate delivery times, evaluate performance, determine compensation, impose penalties, or control access to work opportunities.Labor Law § 796(3) in assigning deliveries and evaluating performance; (b) Any metrics that may affect a delivery workerDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2)'s access to work opportunities or compensation; and (c) The circumstances under which a worker may be suspended, deactivated, or otherwise penalized.
2 4 Delivery workersDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2) shall have the right to request a written explanation of any suspension, deactivation, or significant limitation of access to work imposed through an algorithmic management systemAlgorithmic management system"Algorithmic management system" means any automated, computational, or artificial intelligence-based system used by a food delivery platform to assign deliveries, estimate delivery times, evaluate performance, determine compensation, impose penalties, or control access to work opportunities.Labor Law § 796(3).
Section 796-b imposes two distinct transparency obligations on food delivery platforms. The first requires proactive, plain-language written notice to delivery workers disclosing the factors used by algorithmic management systems in assignment and performance evaluation, the metrics affecting work access or compensation, and the circumstances under which a worker may be suspended, deactivated, or penalized. The second grants delivery workers an individual right to request a written explanation of any suspension, deactivation, or significant limitation of access to work imposed through the algorithmic management system — functioning as an adverse-action explanation right analogous to the notice requirements in automated-decision laws.
1 The commissioner shall have primary jurisdiction to enforce the labor and worker-protection provisions of this act pursuant to this chapter, including authority over retaliation, access to work, compensation impacts, and private rights of action.
2 The attorney general shall have concurrent authority to enforce this chapter, including, but not limited to, the authority to investigate unfair, deceptive, or abusive practices related to algorithmic management systemsAlgorithmic management system"Algorithmic management system" means any automated, computational, or artificial intelligence-based system used by a food delivery platform to assign deliveries, estimate delivery times, evaluate performance, determine compensation, impose penalties, or control access to work opportunities.Labor Law § 796(3) used by food delivery platformsFood delivery platform"Food delivery platform" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workers.Labor Law § 796(1).
3 The department of transportation shall have the authority to promulgate advisory guidance, in consultation with the department of motor vehicles, regarding delivery time practices and algorithmic incentives that implicate compliance with the vehicle and traffic law, pedestrian safety, and roadway operations.
4 The department of state, through the division of consumer protection, shall have the authority to enforce the transparency and disclosure requirements of this act as applied to representations made to consumers regarding delivery time estimates.
5 The commissioner may enter into a memoranda of understanding with the attorney general, department of transportation, department of motor vehicles, and department of state to share information, coordinate enforcement, and avoid duplicative or conflicting regulatory actions.
Section 796-c establishes a multi-agency enforcement framework. The Commissioner of Labor holds primary jurisdiction over labor and worker-protection provisions, including authority over retaliation claims and private rights of action. The Attorney General has concurrent enforcement authority, specifically over unfair, deceptive, or abusive practices related to algorithmic management. The Department of Transportation may issue advisory guidance on delivery time practices implicating traffic law compliance. The Division of Consumer Protection enforces transparency requirements as applied to consumer-facing delivery time representations. The Commissioner may enter into memoranda of understanding with the other agencies to coordinate enforcement and avoid duplication.
5 No food delivery platformFood delivery platform"Food delivery platform" means any person or entity that operates a digital application or online service that arranges for the sale and delivery of prepared food or beverages from restaurants or food establishments to consumers through delivery workers.Labor Law § 796(1) shall retaliate against a delivery workerDelivery worker"Delivery worker" means any individual who delivers food or beverages on behalf of a food delivery platform by motor vehicle, electric bicycle, bicycle, scooter, or on foot, regardless of classification as an employee or independent contractor.Labor Law § 796(2) for exercising rights under this act, including filing a complaint, participating in an investigation, or refusing to engage in unsafe or unlawful conduct.
Section 796-d prohibits food delivery platforms from retaliating against delivery workers who exercise rights under the act. The anti-retaliation protection covers filing complaints, participating in investigations, and refusing to engage in unsafe or unlawful conduct. Though titled "Penalties and remedies," the enacted text contains only the anti-retaliation prohibition and does not specify monetary penalties or detailed remedial provisions.
If any provision of this act or its application is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application.
Standard severability clause providing that invalidation of any provision does not affect the remainder of the act.