NYC Council Expands Legal Protections to Grocery Workers on Delivery Apps

September 30, 2025

NYC Council Expands Legal Protections to Grocery Workers on Delivery Apps

In 2021, New York City passed legislation that extended minimum pay rates and protections for food workers who deliver from restaurants through apps like DoorDash and Uber Eats. Approximately four years later, on August 14, 2025, New York City enacted three new laws, Local Law 107, 108, and 113, that partially extended these protections to grocery delivery drivers such as those who deliver through Instacart and Shipt.

Local Law 107 requires third-party food and grocery services to offer customers a tipping option of at least 10 percent of the purchase price on each food or grocery delivery order.
Local Law 108 requires third-party food and grocery delivery services to provide the option to tip before or at the same time an order is placed.
Local Law 113 requires delivery services to pay their contracted delivery workers no later than seven (7) calendar days after the end of the pay period and requires delivery services to provide each contracted delivery worker with an itemized written statement that outlines their compensation no later than seven (7) days after the pay period. This law also requires delivery services to keep such statements for at least three (3) years and provide copies to contracted delivery workers upon request.

The City Council passed two additional bills, Introductions 1133-A and 1135-A, which were then vetoed by Mayor Eric Adams. On September 10, 2025, the City Council overrode the veto to enact the following laws:

Local Law 1133-A expands protections regarding insulated delivery bags, fire safety materials, and toilet facility access to all contracted delivery workers.
Local Law 1135-A requires third-party grocery delivery services to pay their delivery workers a minimum pay rate of at least $21.44 per hour, matching the minimum wage for food delivery workers

Key Takeaways for Employers
New York City employers should review their agreements with third-party delivery services to ensure compliance with the new tipping and payment requirements. Employers should also anticipate potential increases in delivery costs due to the new minimum wage and apps that aim to encourage customers to tip the workers.