Thank you to the Department of Consumer and Worker Protection for holding this hearing today on minimum pay for app-based food delivery workers. As a member of the City Council last term, I supported the legislation that prompted this rule change, and I am pleased to see it moving forward now.
As many of us knew, but due to the pandemic all New Yorkers have come to learn, delivery workers are essential workers. Their job is hard and it is dangerous, and the mostly immigrant population who does this work are some of the most vulnerable in the city. For too long, they’ve been working long hours in grueling conditions for less than minimum wage, and I’m thrilled to see that that ends now.
I want to thank DCWP for the thoughtfulness and work that went into their report. I love to see decisions like this be driven by data, and I appreciate that the report acknowledges many of the challenges the Deliveristas face, and understands that their work must allow for them to provide for their families, rest when they need to, and handle unfortunate situations such as theft or injury when they occur. I am also pleased to see that this proposal provides more predictability in terms of scheduling and pay. A guaranteed base pay for both on-call time and deliveries means workers will now know the minimum that they will take home at the end of the day without relying on tips or the number of orders they receive.
As strong as this proposal is, there are two changes I would like to see in the final rule, in line with the asks coming from the workers themselves: an increase in the hourly rate to cover hazard pay and expenses, and a reconsideration of the phase-in for the new rate. I am glad to see a component for workers compensation included; however, bringing this amount into line with that of a typical worker does not acknowledge how much more often Deliveristas sustain injuries on the job. Additionally, the report indicates that the out-of-pocket cost of medical expenses for work-related injuries is not included in the calculation of the hourly rate, and these costs can be significant. The Workers Justice Project also maintains that the calculation of expenses in the report undercounts the cost of license, registration, and processing fees for those using vehicles other than e-bikes or cars, as well as general safety equipment such as anti-theft devices and personal protective equipment.
Therefore, I support an increase in the base pay of $5 per hour, which would bring the total to $28.82 per hour, starting in 2023. As mentioned above, Deliveristas’ work has been drastically undervalued for too long. Inflation is bringing up costs everyday, and these workers deserve to have this money in their pockets as soon as possible.
Again, I want to thank DCWP for all their hard work on this issue, and for considering the changes outlined above.