New York S 9089: Relates to food delivery worker safety

Bill Text

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 Speaker Carl E. Heastie

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S09089 Summary:

BILL NOS09089 

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SAME ASSAME AS A10118

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add Art 21-D §§796 - 796-e, Lab L

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Enacts the "food delivery worker safety and fair algorithms act" to prohibit food delivery platforms from utilizing or deploying any algorithmic management system that requires or incentivizes delivery workers 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; penalizes, deactivates, suspends, deprioritizes, or otherwise limits a delivery worker'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; 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 reduces pay, tips, bonuses, or access to incentives based on a delivery worker's refusal or inability to engage in unsafe or unlawful conduct.

Go to top S09089 Actions:

BILL NOS09089 

&nbsp

01/30/2026REFERRED TO LABOR

Go to topS09089 Committee&nbspVotes:

Go to topS09089 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09089 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9089

 IN SENATE

 January 30, 2026
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the labor law, in relation to prohibiting unsafe and
 punitive algorithmic practices by food delivery platforms, protecting
 delivery workers from coercive delivery timing requirements, and
 promoting traffic safety

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "food delivery worker safety and fair algorithms act".
 3 § 2. Legislative findings and intent. The legislature finds that app-
 4 based food delivery services rely heavily on automated and algorithmic
 5 management systems to assign work, set delivery expectations, evaluate
 6 worker performance, and determine access to future work. Evidence
 7 suggests that certain algorithmic practices pressure delivery workers,
 8 including drivers, e-bike operators, and bicycle operators, to speed,
 9 disregard traffic laws, or engage in unsafe behavior in order to meet
 10 rigid delivery time windows or avoid penalties. Such practices endanger
 11 delivery workers, pedestrians, motorists, and the general public.
 12 The legislature further finds that delivery workers are often penal-
 13 ized, deactivated, or denied work opportunities through opaque algo-
 14 rithms for circumstances beyond their control, including traffic
 15 congestion, weather conditions, restaurant delays, or compliance with
 16 traffic laws. It is the intent of the legislature to prohibit algorith-
 17 mic practices that coerce unsafe conduct, punish lawful and safe behav-
 18 ior, or unfairly restrict a delivery worker's ability to earn a living.
 19 § 3. The labor law is amended by adding a new article 21-D to read as
 20 follows:
 21 ARTICLE 21-D
 22 FOOD DELIVERY WORKER SAFETY
 23 Section 796. Definitions.
 24 796-a. Prohibited practices.
 25 796-b. Transparency and notice.
 26 796-c. Oversight, enforcement, and coordination.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14587-01-6

 S. 9089 2

 1 796-d. Penalties and remedies.
 2 796-e. Severability.
 3 § 796. Definitions. For the purposes of this article, the following
 4 terms shall have the following meanings:
 5 1. "Food delivery platform" means any person or entity that operates a
 6 digital application or online service that arranges for the sale and
 7 delivery of prepared food or beverages from restaurants or food estab-
 8 lishments to consumers through delivery workers.
 9 2. "Delivery worker" means any individual who delivers food or bever-
 10 ages on behalf of a food delivery platform by motor v