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.

View primary source →

New York Senate Bill 9089, the 'Food Delivery Worker Safety and Fair Algorithms Act,' amends the Labor Law by adding a new Article 21-D to regulate algorithmic management systems used by app-based food delivery platforms. Under Section 796-a, platforms are prohibited from deploying algorithms that require delivery workers to meet rigid time windows that cannot reasonably be met while obeying traffic laws, penalize workers for factors outside their control (such as traffic, weather, or restaurant delays), incentivize speeding or unsafe vehicle operation, or reduce pay based on a worker's refusal to engage in unsafe conduct. Section 796-b requires platforms to give workers clear written notice of the factors used in algorithmic performance evaluations, metrics affecting access to work, and conditions under which penalties or deactivation may occur; workers also have the right to request a written explanation of any deactivation or significant work limitation. Section 796-c establishes a multi-agency enforcement structure: the Labor Commissioner holds primary jurisdiction over worker-protection provisions, the Attorney General has concurrent authority over unfair or deceptive algorithmic practices, the Department of Transportation may issue advisory guidance on delivery-time incentives and traffic safety, and the Department of State's Division of Consumer Protection enforces transparency requirements as applied to consumers. Section 796-d prohibits retaliation against workers who file complaints, participate in investigations, or refuse unsafe conduct. The bill takes effect 180 days after enactment.

← Back to the tracker