AI Frontier Institute

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.

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New York Assembly Bill 10118, the 'Food Delivery Worker Safety and Fair Algorithms Act,' amends the Labor Law by adding Article 21-D to regulate how app-based food delivery platforms use algorithmic management systems. Under Section 796-a, platforms are prohibited from deploying algorithms that require deliveries within time windows that cannot reasonably be met while obeying traffic laws, penalize workers for delays caused by traffic, weather, or restaurant preparation time, incentivize speeding or unsafe vehicle/bicycle operation, or reduce pay and access to work based on a worker's refusal to engage in unsafe or unlawful conduct. Delivery time estimates must be labeled as estimates only and cannot serve as the sole basis for discipline or reduced compensation. Section 796-b requires platforms to provide delivery workers with plain-language written notice of the factors used in algorithmic performance evaluation, metrics affecting compensation or work access, and the circumstances under which a worker may be suspended or deactivated; workers may also request written explanations of adverse algorithmic decisions. Section 796-c grants enforcement authority to the Labor Commissioner (primary), the Attorney General (concurrent), the Department of Transportation (advisory guidance on traffic safety), and the Department of State's Division of Consumer Protection (transparency and disclosure to consumers). Section 796-d prohibits retaliation against workers who file complaints, participate in investigations, or refuse unsafe conduct. The act takes effect 180 days after becoming law.

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