BILL NUMBER: S9089
SPONSOR: COMRIE
 
TITLE OF BILL:
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 promot-
ing traffic safety
 
PURPOSE:
The purpose of this bill is to protect food delivery workers and the
public by prohibiting unsafe and punitive algorithmic management prac-
tices used by food delivery platforms that pressure workers to speed,
disregard traffic laws, or engage in dangerous conduct in order to meet
rigid delivery time requirements.
 
SUMMARY OF PROVISIONS:
This bill adds a new Article 21-D to the Labor Law, establishing state-
wide protection for food delivery workers who are subject to algorithmic
management systems.
The bill prohibits food delivery platforms from using algorithmic prac-
tices that require or incentivize delivery completion within rigid time
windows that cannot reasonably be met while complying with traffic laws
and safety regulations; Prohibits penalizing, deactivating, deprioritiz-
ing, or reducing compensation for delivery workers due to delays caused
by traffic congestion, weather conditions, restaurant preparation time,
or lawful compliance with traffic laws; Prohibits algorithms that
directly or indirectly incentivize speeding, unsafe vehicle or bicycle
operation, or disregard of traffic control devices and pedestrian right-
of-way; Requires delivery time estimates to be clearly identified as
estimates and prohibits their use as the sole or primary basis for
discipline or loss of work; Establishes transparency requirements,
including notice to workers regarding algorithmic decision-making
factors and the right to receive a written explanation for suspensions,
deactivations, or significant work limitations; Grants enforcement
authority to the Commissioner of Labor, with concurrent authority for
the Attorney General, and coordination roles for the Department of
Transportation, Department of Motor Vehicles, and Department of Sta te;
Provides anti-retaliation protections and authorizes penalties and reme-
dies for violations; and Takes effect 180 days after enactment.
 
JUSTIFICATION:
App-based food delivery platforms increasingly rely on automated and
algorithmic systems to manage workers, assign deliveries, and evaluate
performance. Evidence demonstrates that certain algorithmic practices
pressure delivery workers who rely on bicycles, e-bikes, or scooters to
rush deliveries at the expense of safety to avoid penalties, loss of
income, or deactivation.
While it's important food arrives to people in a timely manner to ensure
customer satisfaction, it is clear algorithms can make that more chal-
lenging to yield poor reviews to underperforming delivery workers, that
are underperforming because of algorithms by design. These demanding
algorithmic changes endanger pedestrians, motorists, and the public by
encouraging speeding, red-light violations, and unsafe maneuvering in
congested streets. Delivery workers are frequently penalized for circum-
stances entirely beyond their control to include traffic congestion,
weather conditions, restaurant delays, or compliance with traffic laws.
As increases in minimum earnings for app-based delivery workers in New
York City have come online, app-based food delivery platforms may look
to alter algorithms to make delivering food more demanding across the
workforce and further penalize workers towards termination or "deacti-
vation." This bill establishes reasonable guardrails to ensure that
algorithmic management systems do not coerce unlawful or unsafe behavior
and that workers are treated fairly and transparently. By aligning labor
protections with traffic safety and consumer transparency, this legis-
lation advances public safety, worker dignity, and responsible labor
requirements to help maintain worker safety and promote a safer New
York- while also looking to enhance customer satisfaction.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill. FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.