WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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 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 — this captures major gig-economy platforms. Delivery worker expressly includes individuals regardless of employment classification, ensuring independent contractors are covered. Algorithmic management system encompasses any automated or AI-based system used to assign, time, evaluate, compensate, penalize, or control work access. Punitive algorithmic practice provides the operative definition for the prohibited-conduct provisions that follow.
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 prohibition section. It bars food delivery platforms from deploying algorithmic management systems that impose unreasonable delivery timing requirements, penalize workers for failing to meet estimates that ignore real-world conditions, incentivize unsafe driving behavior, or reduce compensation for workers who refuse to break the law. The four enumerated prohibitions in subdivision 1 operate as categorical bans — there are no safe harbors, cure periods, or knowledge triggers.
Subdivision 2 adds a distinct obligation requiring that any delivery time estimates shown to consumers or workers be labeled as estimates only and prohibiting platforms from using such estimates as the sole or primary basis for discipline or reduced compensation. This creates an affirmative labeling requirement alongside the prohibitions.
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 transparency obligations on food delivery platforms. Subdivision 1 requires proactive written notice to delivery workers, in plain language, covering the factors the algorithmic management system considers in assigning deliveries and evaluating performance, the metrics that affect access to work or compensation, and the circumstances under which a worker may be suspended, deactivated, or penalized. This is an upfront disclosure obligation — not triggered by adverse action.
Subdivision 2 creates an on-demand explanation right: delivery workers may request a written explanation of any suspension, deactivation, or significant limitation of access to work imposed through the algorithmic management system. This is analogous to adverse-action explanation rights in automated-decision-making frameworks but applied to gig-worker algorithmic management.
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 allocates enforcement authority across four state agencies. The Commissioner of Labor holds primary jurisdiction over labor and worker-protection provisions, including retaliation, access to work, compensation impacts, and private rights of action. The Attorney General has concurrent authority to investigate and enforce, including unfair, deceptive, or abusive algorithmic management practices. The Department of Transportation may promulgate advisory guidance on delivery time practices implicating traffic law, in consultation with the DMV. The Department of State through the Division of Consumer Protection enforces transparency and disclosure requirements as they apply to consumer-facing delivery time representations. Subdivision 5 authorizes inter-agency memoranda of understanding to coordinate enforcement.
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.
Despite its title referencing 'Penalties and remedies,' Section 796-d contains only an anti-retaliation provision. It prohibits food delivery platforms from retaliating against delivery workers who exercise rights under the act — including filing complaints, participating in investigations, or refusing to engage in unsafe or unlawful conduct. No monetary penalty schedule, statutory damages, or fee-shifting provisions are enumerated, which may be a drafting gap or may reflect legislative intent to rely on existing Labor Law enforcement mechanisms.
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 if any provision of the act or its application is held invalid, the remainder of the act continues in effect.