Assembly Bill A10118

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10118
 
                           I N  A S S E M B L Y
 
                             February 2, 2026
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Labor
 
 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
   promoting traffic safety

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "food delivery worker safety and fair algorithms act".
   § 2. Legislative findings and intent. The legislature finds that  app-
 based  food  delivery services rely heavily on automated and algorithmic
 management systems to assign work, set delivery  expectations,  evaluate
 worker  performance,  and  determine  access  to future work.   Evidence
 suggests that certain algorithmic practices pressure  delivery  workers,
 including  drivers,  e-bike  operators, and bicycle operators, to speed,
 disregard traffic laws, or engage in unsafe behavior in  order  to  meet
 rigid  delivery time windows or avoid penalties. Such practices endanger
 delivery workers, pedestrians, motorists, and the general public.
   The legislature further finds that delivery workers are  often  penal-
 ized,  deactivated,  or  denied  work opportunities through opaque algo-
 rithms  for  circumstances  beyond  their  control,  including   traffic
 congestion,  weather  conditions,  restaurant delays, or compliance with
 traffic laws. It is the intent of the legislature to prohibit  algorith-
 mic  practices that coerce unsafe conduct, punish lawful and safe behav-
 ior, or unfairly restrict a delivery worker's ability to earn a living.
   § 3. The labor law is amended by adding a new article 21-D to read  as
 follows:
                                ARTICLE 21-D
                        FOOD DELIVERY WORKER SAFETY
 SECTION 796. DEFINITIONS.
         796-A. PROHIBITED PRACTICES.
         796-B. TRANSPARENCY AND NOTICE.
         796-C. OVERSIGHT, ENFORCEMENT, AND COORDINATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14587-01-6
 A. 10118                            2
 
         796-D. PENALTIES AND REMEDIES.
         796-E. SEVERABILITY.
   §  796.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "FOOD DELIVERY PLATFORM" MEANS ANY PERSON OR ENTITY THAT OPERATES A
 DIGITAL APPLICATION OR ONLINE SERVICE THAT ARRANGES  FOR  THE  SALE  AND
 DELIVERY  OF  PREPARED FOOD OR BEVERAGES FROM RESTAURANTS OR FOOD ESTAB-
 LISHMENTS TO CONSUMERS THROUGH DELIVERY WORKERS.
   2. "DELIVERY WORKER" MEANS ANY INDIVIDUAL WHO DELIVERS FOOD OR  BEVER-
 AGES  ON  BEHALF  OF A FOOD DELIVERY PLATFORM BY MOTOR VEHICLE, ELECTRIC
 BICYCLE, BICYCLE, SCOOTER, OR ON FOOT, REGARDLESS OF  CLASSIFICATION  AS
 AN EMPLOYEE OR INDEPENDENT CONTRACTOR.
   3. "ALGORITHMIC MANAGEMENT SYSTEM" MEANS ANY AUTOMATED, COMPUTATIONAL,
 OR ARTIFICIAL INTELLIGENCE-BASED SYSTEM USED BY A FOOD DELIVERY PLATFORM
 TO  ASSIGN  DELIVERIES,  ESTIMATE  DELIVERY TIMES, EVALUATE PERFORMANCE,
 DETERMINE COMPENSATION, IMPOSE PENALTIES,  OR  CONTROL  ACCESS  TO  WORK
 OPPORTUNITIES.
   4. "PUNITIVE ALGORITHMIC PRACTICE" MEANS ANY ALGORITHMIC RULE, METRIC,
 OR  AUTOMATED  DECISION  THAT PENALIZES, DEPRIORITIZES, LIMITS ACCESS TO
 WORK, REDUCES COMPENSATION, OR RESULTS IN SUSPENSION OR DEACTIVATION  OF
 A DELIVERY WORKER BASED ON DELIVERY SPEED, TIMING, OR COMPLETION METRICS
 THAT  DO  NOT  REASONABLY  ACCOUNT FOR TRAFFIC LAWS, TRAFFIC CONDITIONS,
 WEATHER, RESTAURANT PREPARATION TIME, OR OTHER FACTORS OUTSIDE THE WORK-
 ER'S CONTROL.
   § 796-A. PROHIBITED PRACTICES. 1.  NO  FOOD  DELIVERY  PLATFORM  SHALL
 UTILIZE OR DEPLOY ANY ALGORITHMIC MANAGEMENT SYSTEM THAT:
   (A)  REQUIRES  OR INCENTIVIZES DELIVERY WORKERS TO COMPLETE DELIVERIES
 WITHIN A FIXED OR RIGID TIME WINDOW THAT CANNOT REASONABLY BE MET  WHILE
 COMPLYING WITH ALL APPLICABLE TRAFFIC LAWS AND SAFETY REGULATIONS;
   (B)  PENALIZES,  DEACTIVATES,  SUSPENDS,  DEPRIORITIZES,  OR OTHERWISE
 LIMITS A DELIVERY WORKER'S ACCESS TO WORK OPPORTUNITIES FOR  FAILURE  TO
 MEET  DELIVERY  TIME ESTIMATES THAT DO NOT ACCOUNT FOR TRAFFIC PATTERNS,
 TRAFFIC CONGESTION, WEATHER CONDITIONS,  RESTAURANT  DELAYS,  OR  LAWFUL
 COMPLIANCE WITH TRAFFIC SIGNALS, SIGNAGE, AND RULES OF THE ROAD;
   (C)  DIRECTLY OR INDIRECTLY INCENTIVIZES SPEEDING, UNSAFE OPERATION OF
 A VEHICLE OR BICYCLE, OR DISREGARD OF TRAFFIC CONTROL DEVICES,  SIGNAGE,
 OR PEDESTRIAN RIGHT-OF-WAY; AND
   (D)  REDUCES  PAY,  TIPS,  BONUSES, OR ACCESS TO INCENTIVES BASED ON A
 DELIVERY WORKER'S REFUSAL OR INABILITY TO ENGAGE IN UNSAFE  OR  UNLAWFUL
 CONDUCT.
   2.  ANY DELIVERY TIME ESTIMATES PROVIDED TO CONSUMERS OR WORKERS SHALL
 BE EXPRESSLY IDENTIFIED AS ESTIMATES ONLY AND SHALL NOT BE USED  AS  THE
 SOLE  OR  PRIMARY BASIS FOR DISCIPLINE, REDUCED COMPENSATION, OR LOSS OF
 ACCESS TO WORK.
   § 796-B. TRANSPARENCY AND NOTICE. 1.  FOOD  DELIVERY  PLATFORMS  SHALL
 PROVIDE  DELIVERY WORKERS WITH CLEAR, WRITTEN NOTICE, IN PLAIN LANGUAGE,
 OF:
   (A) THE FACTORS CONSIDERED BY ANY  ALGORITHMIC  MANAGEMENT  SYSTEM  IN
 ASSIGNING DELIVERIES AND EVALUATING PERFORMANCE;
   (B)  ANY  METRICS  THAT  MAY AFFECT A DELIVERY WORKER'S ACCESS TO WORK
 OPPORTUNITIES OR COMPENSATION; AND
   (C) THE CIRCUMSTANCES UNDER WHICH A WORKER MAY BE  SUSPENDED,  DEACTI-
 VATED, OR OTHERWISE PENALIZED.
   2. DELIVERY WORKERS SHALL HAVE THE RIGHT TO REQUEST A WRITTEN EXPLANA-
 TION  OF  ANY  SUSPENSION,  DEACTIVATION,  OR  SIGNIFICANT LIMITATION OF
 ACCESS TO WORK IMPOSED THROUGH AN ALGORITHMIC MANAGEMENT SYSTEM.
 A. 10118                            3
 
   § 796-C. OVERSIGHT, ENFORCEMENT, AND COORDINATION. 1. THE COMMISSIONER
 SHALL HAVE PRIMARY JURISDICTION TO ENFORCE THE LABOR AND  WORKER-PROTEC-
 TION PROVISIONS OF THIS ACT PURSUANT TO THIS CHAPTER, INCLUDING AUTHORI-
 TY  OVER  RETALIATION, ACCESS TO WORK, COMPENSATION IMPACTS, AND PRIVATE
 RIGHTS OF ACTION.
   2.  THE  ATTORNEY  GENERAL  SHALL HAVE CONCURRENT AUTHORITY TO ENFORCE
 THIS CHAPTER, INCLUDING, BUT NOT LIMITED TO, THE AUTHORITY  TO  INVESTI-
 GATE  UNFAIR,  DECEPTIVE,  OR  ABUSIVE  PRACTICES RELATED TO ALGORITHMIC
 MANAGEMENT SYSTEMS USED BY FOOD DELIVERY PLATFORMS.
   3. THE DEPARTMENT  OF  TRANSPORTATION  SHALL  HAVE  THE  AUTHORITY  TO
 PROMULGATE  ADVISORY  GUIDANCE,  IN  CONSULTATION WITH THE DEPARTMENT OF
 MOTOR VEHICLES, REGARDING DELIVERY TIME PRACTICES AND ALGORITHMIC INCEN-
 TIVES THAT IMPLICATE COMPLIANCE WITH THE VEHICLE AND TRAFFIC LAW, PEDES-
 TRIAN SAFETY, AND ROADWAY OPERATIONS.
   4.  THE  DEPARTMENT  OF  STATE,  THROUGH  THE  DIVISION  OF   CONSUMER
 PROTECTION,  SHALL  HAVE  THE  AUTHORITY TO ENFORCE THE TRANSPARENCY AND
 DISCLOSURE REQUIREMENTS OF THIS ACT AS APPLIED TO  REPRESENTATIONS  MADE
 TO CONSUMERS REGARDING DELIVERY TIME ESTIMATES.
   5.  THE  COMMISSIONER MAY ENTER INTO A MEMORANDA OF UNDERSTANDING WITH
 THE ATTORNEY GENERAL, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF  MOTOR
 VEHICLES,  AND  DEPARTMENT  OF  STATE  TO  SHARE INFORMATION, COORDINATE
 ENFORCEMENT, AND AVOID DUPLICATIVE OR CONFLICTING REGULATORY ACTIONS.
   § 796-D. PENALTIES AND REMEDIES. ANTI-RETALIATION.  NO  FOOD  DELIVERY
 PLATFORM SHALL RETALIATE AGAINST A DELIVERY WORKER FOR EXERCISING RIGHTS
 UNDER THIS ACT, INCLUDING FILING A COMPLAINT, PARTICIPATING IN AN INVES-
 TIGATION, OR REFUSING TO ENGAGE IN UNSAFE OR UNLAWFUL CONDUCT.
   § 796-E. SEVERABILITY. IF ANY PROVISION OF THIS ACT OR ITS APPLICATION
 IS  HELD  INVALID,  SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
 APPLICATIONS OF THE ACT WHICH CAN BE GIVEN EFFECT  WITHOUT  THE  INVALID
 PROVISION OR APPLICATION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.