Delivery Workers Win a Dignified Pay Rate: Court Allows Minimum Pay Rate for App-Based Restaurant Delivery Workers to Take Effect

September 28, 2023

NEW YORK, NY – Department of Consumer and Worker Protection (DCWP) Commissioner Vilda Vera Mayuga today celebrated a win for working New Yorkers and announced that the New York State Supreme Court has ruled in the city’s favor to allow the minimum pay rate for app-based restaurant delivery workers performing deliveries for Uber, DoorDash, and Grubhub to take effect. Workers will make at least $17.96/hour, increasing to $19.96/hour when fully implemented in 2025, adjusted annually for inflation.

“In rain, snow, sleet, hail, and heat, our delivery workers have consistently delivered for us — and now we can finally deliver for them,” said New York City Mayor Eric Adams. “From launching a first-in-the-nation program to create safe e-bike charging hubs to championing legislation for safer e-bike sales and storage, our administration has consistently stood with the city’s delivery workers. We are grateful to the court for ruling in our favor, and to the deliveristas who have raised their voices in support of better pay and working conditions.”

“Delivery workers are a critical part of our city’s workforce, and they help sustain so many restaurants and small businesses across the city,” said Deputy Mayor for Housing, Economic Development, and Workforce Maria Torres-Springer. “We are grateful that we are now able to move forward with this rule, which will help them earn a livable wage. When we lift up working New Yorkers, the whole city succeeds.”

“Today, New York City has reaffirmed its commitment to ensuring restaurant delivery workers earn a dignified pay,” said DCWP Commissioner Vilda Vera Mayuga. “We are glad the court made this decision, and we are grateful for the tireless advocacy of so many delivery workers who fought hard to make today a reality. Delivery workers, like all workers, deserve fair pay for their labor and to be able to support themselves and their loved ones. Thank you to the Mayor for his steadfast advocacy and support for working New Yorkers.”

“This court’s decision represents a significant win, benefitting both the city and the dedicated delivery workers whose contributions are invaluable to our economy,” said New York City Corporation Counsel Sylvia O. Hinds-Radix. “All New Yorkers deserve just compensation for their efforts. I commend the Law Department attorneys and other city personnel who played a pivotal role in achieving today’s result.”

On June 11, 2023, the city announced the final minimum pay rule following a monthslong rulemaking process that included two public hearings and thousands of public comments. In July, DoorDash, UberEats, Grubhub and Relay sued the city to stop the minimum pay rate from taking effect. On September 28, the New York State Supreme Court ruled in the city’s favor allowing the minimum pay rate of $17.96 to take effect as to Uber, DoorDash, and Grubhub.

In September 2021, the New York City Council passed Local Law 115, requiring DCWP to study the pay and working conditions of app-based restaurant delivery workers and to establish a minimum pay rate for their work based on the study results. DCWP published its study last year, which drew from data obtained from restaurant delivery apps, surveys distributed to delivery workers and restaurants; testimony; extensive discussions with stakeholders on all sides; and publicly available data. 

DCWP will continue to conduct worker outreach and education about the new minimum pay rate and all rights under the city’s delivery worker laws. Delivery workers, apps, restaurants, and consumers can visit nyc.gov/DeliveryApps for information about the minimum pay rate, multilingual resources, and information about the city’s delivery worker laws. Workers can also call 311 and ask for “delivery worker” or visit nyc.gov/workers to request more information or to file a complaint.

The NYC Department of Consumer and Worker Protection (DCWP) — formerly the Department of Consumer Affairs (DCA) — protects and enhances the daily economic lives of New Yorkers to create thriving communities. DCWP licenses more than 45,000 businesses in more than 40 industries and enforces key consumer protection, licensing, and workplace laws that apply to countless more. By supporting businesses through equitable enforcement and access to resources and, by helping to resolve complaints, DCWP protects the marketplace from predatory practices and strives to create a culture of compliance. Through its community outreach and the work of its offices of Financial Empowerment and Labor Policy & Standards, DCWP empowers consumers and working families by providing the tools and resources they need to be educated consumers and to achieve financial health and work-life balance. DCWP also conducts research and advocates for public policy that furthers its work to support New York City’s communities.

For more information about DCWP and its work, call 311 or visit DCWP at nyc.gov/dcwp or on its social media sites, Twitter, Facebook, Instagram, and YouTube.