Int. No. 1074
By Council Members Cabán, Epstein, Hanif, Krishnan, Ossé, Avilés, Marte, Nurse, Gutiérrez, De La Rosa, Abreu, Santosuosso, Louis, Aldebol, Brewer, Brooks-Powers, Joseph, Hudson and P. Sanchez
A Local Law to amend the administrative code of the city of New York, in relation to ensuring minimum scheduling flexibility for the health and safety of contracted delivery workers
Be it enacted by the Council as follows:
Section 1. Chapter 15 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 4 to read as follows:
SUBCHAPTER 4
FLEXIBLE SAFE AND SICK TIME
§ 20-1541 Definitions. As used in this subchapter, the following terms have the following meanings:
Calendar year. The term “calendar year” means a regular and consecutive twelve-month period, as determined by a covered delivery service.
Covered delivery service. The term “covered delivery service” means a delivery service that requires or allows contracted delivery workers to commit to all or some work in shifts.
Date of hire. The term “date of hire” means the first date that a contracted delivery worker is retained by a delivery service, regardless of the date on which such worker first performs delivery services.
Delivery platform. The term “delivery platform” means the online or mobile platform that a delivery service uses to offer or assign deliveries to contracted delivery workers.
Performance metrics. The term “performance metrics” means any data, metric, or output associated with an individual contracted delivery worker, including a public rating, internal rating, or other metric produced by entering data into an equation, calculation, algorithm, or other formula, which has the purpose or effect of adjusting a specific contracted delivery worker’s access to work opportunities, including, but not limited to: the total number of hours, duration of time, time of day, or days of the week a worker may view, accept, or commit to a shift or see delivery opportunities; the number, location, or other characteristic of trips a worker sees or may elect to take; the extent of advance notice a worker receives when a shift becomes available; or the period of time during which a worker may sign up for a shift. Data or other parameters which may be input, applied to, or removed from a contracted delivery worker’s individual profile at will by such worker are not performance metrics.
Safe/sick time. The term “safe/sick time” means time during which a contracted delivery worker is entitled to refuse to perform deliveries for a covered delivery service pursuant to section 20-1542, whether or not such delivery service provides such worker compensation during such time. Such time may be used for any purpose that supports such worker’s health, safety, caregiving, or other urgent personal needs.
Shift. The term “shift” means a specified time period during which a delivery service requires or permits a contracted delivery worker to accept delivery offers or assignments, where such period is determined prior to the time when such deliveries are to be made.
§ 20-1542 Right to safe/sick time; accrual. a. Contracted delivery workers have the right to unpaid safe/sick time in the manner described in this subchapter.
b. All contracted delivery workers are entitled to a minimum of 14 hours of safe/sick time, effective immediately from the date of hire by a covered delivery service, or from the effective date of the local law that created the right to such time, whichever is later.
c. For every 30 hours worked by a contracted delivery worker for a covered delivery service, such worker shall be entitled to 1 hour of safe/sick time available for use when performing work for such delivery service, in addition to any safe/sick time such worker is entitled to pursuant to subdivision b of this section. Such hours shall not expire and shall carry over from year to year, provided that:
1. a covered delivery service that retains 99 or fewer contracted delivery workers for 20 or more weeks of the current or previous calendar year shall not be required under this subchapter to recognize more than a total of 14 hours of accrued safe/sick time in a 90-day period for a contracted delivery worker that has worked at least 437 hours in the preceding 90 days, or to recognize more than a total of 7 hours of accrued safe/sick time in a 90-day period for a contracted delivery worker that has worked fewer than 437 hours in the preceding 90-day period;
2. a covered delivery service that retains 100 or more contracted delivery workers for 20 or more weeks of the current or previous calendar year shall not be required under this subchapter to recognize more than a total of 20 hours of accrued safe/sick time in a 90-day period for a contracted delivery worker that has worked at least 218 hours in the preceding 90 days, or to recognize more than a total of 12 hours of accrued safe/sick time in a 90-day period for a contracted delivery worker that has worked fewer than 218 hours in the preceding 90-day period; and
3. safe/sick time as provided pursuant to this subdivision shall begin to accrue at the date of hire or on the effective date of the local law that created the right to such time, whichever is later.
4. A contracted delivery worker’s use of safe/sick time shall constitute time worked for the purposes of calculating the total, maximum safe/sick time that a covered delivery service must recognize pursuant to paragraphs 1 and 2 of this subdivision, provided that a contracted delivery worker’s use of safe/sick time shall not result in such worker accruing additional safe/sick time available for future use.
5. Nothing in this subchapter shall be construed to discourage or prohibit a delivery service from recognizing the accrual of safe/sick time at a faster rate or the use of safe/sick time at an earlier date than this subchapter requires.
d. If a contracted delivery worker is transferred to a separate division, entity, or location in the city, alters an existing contract with a covered delivery service, or signs a new contract with a covered delivery service, but continues to be retained as a contracted delivery worker by the same covered delivery service, such worker is entitled to all safe/sick time accrued while retained by such delivery service. When a contracted delivery worker is deactivated by a covered delivery service but is reinstated or is otherwise retained as a contracted delivery worker by the same covered delivery service within 6 months of such deactivation, previously accrued safe/sick time that was not used shall be reinstated and such worker shall be entitled to use such accrued safe/sick time immediately upon reinstatement.
§ 20-1543 Use and effect of safe/sick time. a. A covered delivery service must recognize a contracted delivery worker’s use of safe/sick time pursuant to this subchapter in increments no shorter than 15 minutes. While a contracted delivery worker is using safe/sick time, such worker’s failure to log onto a delivery platform or to accept a delivery offer or assignment shall not be used to calculate or otherwise factored into such worker’s performance metrics.
b. Purposes that support a contracted delivery worker’s health, safety, caregiving, or other urgent personal needs commensurate with safe/sick time use include, but are not limited to:
1. mental or physical illness, injury, or health condition; need for medical diagnosis, care or treatment of a mental or physical illness, injury, or health condition; need for preventive medical care; care of a family member who needs preventive care or a medical diagnosis, care or treatment for a mental or physical illness, injury, or health condition; a public health emergency or a public disaster that affects safety or health considerations for performing delivery services; direction by a public official to remain indoors or avoid travel during a public disaster which prevents a contracted delivery worker from reporting to their work location;
2. participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the current or future safety of a contracted delivery worker or such worker’s family member in response to a domestic violence incident, a threat of domestic violence, or other imminent threat to such worker’s health or safety, or the health or safety of such worker’s family member, child, dependent, or other care recipient; meeting with a legal or social service provider to obtain information and advice on, and prepare for or participate in any criminal, civil, or administrative proceeding, including but not limited to matters related to a family offense matter, sexual offense, stalking, human trafficking, custody, visitation, matrimonial issues, orders of protection, immigration, housing, or discrimination; obtaining services for a contracted delivery worker or such worker’s family member who has been a victim of domestic violence pursuant to subdivision 34 of section 292 of the executive law, a family offense matter, sexual offense, stalking, workplace violence, or human trafficking; filing a complaint or domestic incident report with law enforcement; meeting with a district attorney’s office, enrolling a child in a new school, or taking other action to protect or restore the physical, psychological, or economic health or safety of a contracted delivery worker, such worker’s family or associates, or the public in relation to domestic violence, a family offense matter, sexual offense, stalking, workplace violence, or human trafficking;
3. a contracted delivery worker’s need to care for such worker’s child, care recipient, or other dependent;
4. initiating, attending, or preparing for a legal proceeding or hearing related to subsistence benefits or housing to which a covered delivery worker or such worker’s family member or care recipient is a party; or taking actions necessary to apply for, maintain, or restore subsistence benefits or shelter for a contracted delivery worker or such worker’s family member or care recipient.
c. A covered delivery service may not require a contracted delivery worker to give advance notice of safe/sick time use, or to provide evidence justifying the use of safe/sick time, except as follows:
1. If a contracted delivery worker uses more than 1 hour of safe/sick time during each of 4 or more consecutive shifts, a covered delivery service may require reasonable documentation that the use of safe/sick time was for purposes covered by this subchapter. Such reasonable documentation may include:
(a) documentation signed by a licensed health care provider indicating the need to use safe/sick time on the date when it was used, provided that a covered delivery service shall not require nor request that such documentation specify the nature of a contracted delivery worker’s or such worker’s family member’s injury, illness, or health concern or condition, except as required by law. Where a health care provider charges such worker a fee for the provision of documentation requested by a covered delivery service, such delivery service shall reimburse the worker for such fee; or
(b) documentation signed by an employee, agent, or volunteer of a legal or social services provider, court or government agency, school or care provider, an attorney, a member of the clergy, or a medical or other professional service provider; a police, agency or court record; or a notarized letter from the contracted delivery worker asserting the need to use safe/sick time on the day that it was used, provided that a covered delivery service shall not require nor request that such documentation specify the details of the underlying need for the safe time. A covered delivery service shall reimburse a contracted delivery worker for all reasonable costs or expenses incurred for the purpose of obtaining such documentation for such delivery service.
2. A covered delivery service may not condition a contracted delivery worker’s use of safe/sick time on such worker’s finding a replacement worker to cover the missed shift or hours, provided that covered delivery service may cancel or reassign a shift if a contracted delivery worker is unavailable to work for more than 1 hour of such shift. Any such cancellation or reassignment of a shift shall not be deemed to use more than the same number of safe/sick time hours as the shift’s scheduled time period, calculated in 15-minute increments, provided that no single such cancellation or reassignment shall be deemed to use more than 7 hours of safe/sick time.
3. Where a contracted delivery worker provides at least 48 hours’ notice of the need to cancel or reassign a shift, such cancellation or reassignment shall not be deemed to use safe/sick time to which such worker is entitled pursuant to this subchapter.
4. Nothing herein shall prevent a covered delivery service from requiring a covered delivery worker to provide written confirmation that such worker used safe/sick time pursuant to this subchapter.
d. A contracted delivery worker’s refusal to accept a delivery offer or assignment that violates section 20-1521 shall not be deemed to use safe/sick time, and shall not be used to calculate or otherwise factored into such worker’s performance metrics.
e. Nothing in this section shall be construed to prohibit or limit a covered delivery service from allowing for flexible scheduling that is otherwise permitted under this subchapter or other law.
§ 20-1544 Transparency in performance metrics. Any data pertaining to a contracted delivery worker’s acceptance or completion of deliveries, scheduling a shift, or stopping a scheduled shift, may not be used to calculate or otherwise included in such worker’s performance metrics more often than once every 30 days. A covered delivery service shall give written notice of the date on which such data is to be used to calculate or otherwise factored into a contracted delivery worker’s performance metrics to such worker no fewer than 30 calendar days in advance of such date. Nothing in this section shall prevent performance metric updates at any time for reasons of any dangerous or illegal conduct by a contracted delivery worker.
§ 20-1545 Burden of proof; evidence. a. In any proceeding alleging a violation by a delivery service of sections 20-1542, 20-1543, or 20-1544, such delivery service shall bear the burden of proving its compliance by a preponderance of the evidence, subject to the rules of evidence as set forth in the civil practice law and rules or, where applicable, the common law.
b. A contracted delivery worker may submit evidence in any proceeding alleging a violation of this subchapter, and a fact-finder shall consider such evidence, notwithstanding any failure by such contracted delivery worker to submit such evidence to such delivery service prior to such proceeding.
§ 20-1546 Effect of this subchapter. a. This subchapter shall not limit or otherwise affect the applicability of any right or benefit conferred upon or afforded to a contracted delivery worker by the provisions of any other law, regulation, rule, requirement, policy, or standard, including but not limited to any federal, state, or local law providing for protections against retaliation or discrimination. This subchapter shall not prohibit, limit, or otherwise alter the power or obligation of a delivery service to compensate or reimburse contracted delivery workers for time or expenses related to physical health, mental health, illness or injury, family or personal responsibilities, public disasters or emergencies, or any other purpose permitted or required by any other law.
b. The scope of this subchapter’s application to a delivery service, contracted delivery worker, employer, or employee, or compliance with this subchapter’s requirements, is not intended to imply or otherwise contribute to the determination of a worker’s status as an employee or independent contractor in any case where such status may be disputed, or to imply that similar protections do not apply or may not be applied in future to similarly situated workers not expressly covered by this subchapter.
§ 2. This law shall take effect 180 days after it becomes law.
JLB
LS 21744
6/24/2026