NY State Senate Bill 2025-S9089

Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2026	referred to labor

2025-S9089 (ACTIVE) - Details

See Assembly Version of this Bill:: A10118
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 21-D §§796 - 796-e, Lab L

2025-S9089 (ACTIVE) - Summary

Enacts the "food delivery worker safety and fair algorithms act" to prohibit food delivery platforms from utilizing or deploying any algorithmic management system that 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; 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; 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 reduces pay, tips, bonuses, or access to incentives based on a delivery worker's refusal or inability to engage in unsafe or unlawful conduct.

2025-S9089 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S9089 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9089
 
                             I N  S E N A T E
 
                             January 30, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 S. 9089                             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.
 S. 9089                             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.

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Senate Bill S9089

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S9089 (ACTIVE) - Details

2025-S9089 (ACTIVE) - Summary

2025-S9089 (ACTIVE) - Sponsor Memo

2025-S9089 (ACTIVE) - Bill Text download pdf

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S9089 (ACTIVE) - Details

2025-S9089 (ACTIVE) - Summary

2025-S9089 (ACTIVE) - Sponsor Memo

2025-S9089 (ACTIVE) - Bill Text download pdf

Comments