File #: Int 0738-2024    Version: Name: Requiring third-party food delivery services and third-party grocery delivery services to provide an opportunity to pay a gratuity before or at the same time an online order is placed.
Type: Introduction Status: Enacted (Mayor's Desk for Signature)
Committee: Committee on Consumer and Worker Protection
On agenda: 4/11/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services and third-party grocery delivery services to provide an opportunity to pay a gratuity before or at the same time an online order is placed
Sponsors: Shaun Abreu, Jennifer Gutiérrez, Julie Menin, Lincoln Restler, Sandy Nurse, Christopher Marte, Shahana K. Hanif, Crystal Hudson, Oswald Feliz, Shekar Krishnan, Amanda Farías, Alexa Avilés, Mercedes Narcisse, Chris Banks, Yusef Salaam, Carlina Rivera , Nantasha M. Williams, Gale A. Brewer, Diana I. Ayala, Tiffany Cabán, Carmen N. De La Rosa, Rita C. Joseph
Council Member Sponsors: 22
Summary: This bill would require third-party food delivery services and third-party grocery delivery services that offer online ordering to solicit gratuities for food delivery workers and grocery delivery workers before or at the same time an online order is placed.
Attachments: 1. Summary of Int. No. 738-A, 2. Summary of Int. No. 738, 3. Int. No. 738, 4. April 11, 2024 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 4-11-24, 6. Minutes of the Stated Meeting - April 11, 2024, 7. Committee Report 6/21/24, 8. Hearing Testimony 6/21/24, 9. Hearing Transcript 6/21/24, 10. Proposed Int. No. 738-A - 7/9/25, 11. Committee Report 7/14/25, 12. Int. No. 738-A - Fiscal Impact Statement - City Council, 13. Int. No. 738-A - Fiscal Impact Statement - OMB, 14. July 14, 2025 - Stated Meeting Agenda

Int. No. 738-A

 

By Council Members Abreu, Gutiérrez, Menin, Restler, Nurse, Marte, Hanif, Hudson, Feliz, Krishnan, Farías, Avilés, Narcisse, Banks, Salaam, Rivera, Williams, Brewer, Ayala, Cabán, De La Rosa and Joseph

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services and third-party grocery delivery services to provide an opportunity to pay a gratuity before or at the same time an online order is placed

 

Be it enacted by the Council as follows:

 

Section 1. Paragraphs 3 and 5 of subdivision b of section of 20-1522 of the administrative code of the city of New York, as added by a local law for the year 2025 amending the administrative code of the city of New York, relating to protections for contracted delivery workers, as proposed in introduction number 1133, are amended to read as follows:

3. [Reserved] A third-party food delivery service or third-party grocery delivery service that allows a customer to place an order by, through or with the assistance of its website, mobile application or other internet service must provide such customer an opportunity to pay a gratuity to the food delivery worker or grocery delivery worker retained by such service who delivers, selects, prepares, or assembles such order. Such third-party food delivery service or third-party grocery delivery service must provide such opportunity to a customer in plain language and in a conspicuous manner before or at the same time such customer places such order. Nothing herein shall be construed to require a customer to pay a gratuity or to prohibit a third-party food delivery service or third-party grocery delivery service from providing a customer an additional opportunity to add, remove, or adjust a gratuity after an order is placed.

5. [Reserved] The department may promulgate rules for the implementation of this section, including specifying the form and manner of the opportunity to pay a gratuity pursuant to this section.

§ 2. This local law takes effect on the same date that a local law for the year 2025 amending the administrative code of the city of New York, relating to safe delivery device access for contracted delivery workers, as proposed in introduction number 30-B, takes effect.

 

DPM

LS #15382/15384

7/3/25