NYC App Delivery Drivers Still Waiting for a Minimum Wage

App delivery drivers in New York City are still waiting to get their raises.  Pursuant to Local Law 115, the New York City Department of Consumer and Worker Protection (“DCWP”) has been tasked to set a minimum wage for app delivery drivers effective January 2023.  After issuing proposed rules and entering a lengthy public comment period, instead of issuing a final set of rules, the DCWP issued a revised proposal for the minimum wage on March 7, 2023.  The revisions bring the $23.82 minimum wage proposed in November 2022 down to $19.96, which the DCWP claims was done to account for multi-apping and recent inflation numbers.

Multi-apping is the practice of app delivery drivers to log into multiple apps at the same time to find the most convenient and profitable deliveries.  The original proposed rule would have required the minimum wage be paid out to app delivery drivers who are on call, logged into a delivery app but waiting for a delivery.  The revised rule would require delivery apps that pay their drivers per trip to only pay the minimum wage while a driver is engaged in a trip, from the moment they accept a delivery, to the moment it is delivered.  The revisions will trigger another round of public comments and a public hearing, set to take place on April 7, 2023.

Advocates for the revisions say that if the minimum wage applied to on call time, the flexibility that many app delivery drivers enjoy would be threatened.  These drivers are worried that they could get locked out of delivery apps, be forced to compete for lucrative time slots, and ultimately make less money.

Other app delivery drivers are infuriated and getting impatient.  In 2020, the Worker’s Justice Project began organizing app delivery drivers, who have since named themselves Los Deliveristas Unidos.  Los Deliveristas Unidos, who advocated for a higher minimum wage than the $23.82 the DCWP initially proposed, say that their workers cannot keep waiting, the time is now to set a minimum wage off which app delivery drivers can make a living.  City Comptroller Brad Lander, the City Council member who introduced the bill to establish pay standards for app delivery drivers, says, “Every day deferred violates the law and the rights of some of New York City’s most essential and excluded workers . . . the only thing that has come out of this prolonged process is the weakening of standards at the behest of massive Silicon Valley gig companies.”

While app delivery drivers are still waiting for a final ruling, if you think you’ve been underpaid by your employer, you should speak to an experienced New York employment law attorney.  To learn more or to schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C. for a free consultation.