NYC’s Expanded Minimum Pay Protections for App-Based Grocery Delivery Workers Arrive, Bringing Varying Effective Dates + Possible Legal Challenges

Takeaways 

• The New York City Council voted to override the mayor’s vetoes and enact two bills extending pay and other protections to app-based grocery delivery workers.
• App-based grocery delivery workers will be entitled to a minimum wage of $21.44 per hour.
• At least one grocery delivery app company has publicly threatened legal action against New York City officials over the legislation.

Related links

• NYC Council Passes Bills Expanding Minimum Pay Protections to App-Based Grocery Delivery Workers
• NYC Mayor Adams Veto Message
• NYC Council Response to Mayor Adams’ Vetoes of Bills to Establish Minimum Pay Standards and Protections for Grocery Delivery Workers

Article

New York City Council members voted to override the mayor’s vetoes of bills requiring third-party app companies to pay their grocery delivery workers a minimum wage of $21.44 per hour. The bills extend an existing wage mandate for restaurant delivery workers.

2021 Food Delivery Workers Protections

In 2021, New York City was the first in the country to pass legislation establishing various pay and other workplace protections for “food delivery workers,” or workers who contract with third-party food delivery services to deliver food, beverages, or other goods. Grocery delivery workers were not covered.

This legislation included protections such as preventing food delivery apps from charging food delivery workers fees to receive their pay, permitting food delivery workers to use restaurant bathrooms, requiring food delivery app companies to make insulated bags available to delivery workers, and creating greater transparency for workers about their tips and pay. 

The legislation also required the New York City Department of Consumer and Worker Protection to evaluate the pay and working conditions of app-based delivery workers and to set a minimum pay rate for their work. 

In December 2023, New York City implemented a minimum pay rate for covered food delivery workers. As of April 1, 2025, food delivery workers are entitled to a minimum pay rate of $21.44 per hour. 

Bills Extending Protections

On July 14, 2025, the New York City Council passed several bills to extend existing pay and workplace protections to all contracted delivery workers, including grocery delivery workers. The bills also include new protections for covered workers, such as a 10 percent tip option in apps and a requirement to pay workers no later than seven days after the end of a pay period.

After the mayor failed to act within 30 days of their passage (Aug. 13), most of the bills providing app-based food delivery workers and grocery delivery workers new pay protections became law. (See NYC Council Passes Bills Expanding Minimum Pay Protections to App-Based Grocery Delivery Workers for more information on the protections afforded by these laws.) Effective Aug. 13, 2025, third-party food delivery services and third-party grocery delivery services are required to: 

• Provide a 10 percent tipping option in their apps before or at the time an order is placed.
• Pay their contracted delivery workers no later than seven calendar days after the end of a pay period.

However, on Aug. 13, 2025, Mayor Eric Adams vetoed the two bills that would have extended existing pay and workplace protections to all contracted delivery workers, including grocery delivery workers. Mayor Adams stated in his veto message, “Now is not the time to do anything that will further increase the cost for New Yorkers of obtaining groceries, when prices are already too high.” He continued, “Unlike the delivery of restaurant meals, grocery delivery is a fundamental need for many New Yorkers, including many SNAP and EBT recipients, as well as seniors and people with disabilities, who use grocery delivery services to access fresh and affordable food products for their daily sustenance.”

The New York City Council immediately voiced strong disagreement. Responding to the mayor’s vetoes, the Council stated, “Mayor Adams is once again displaying hypocrisy — this time, by opposing common-sense minimum pay standards and protections for grocery delivery workers that his own administration negotiated with us to match existing ones for food delivery workers.” Some council members further announced their intention to override the mayor’s vetoes.

Debate Continues Over Enacted Law

On Sept. 10, 2025, the New York City Council voted to override Mayor Adams’ vetoes and enacted the bills, although the effective date of some provisions depends on the effective date of other related legislation. 

The new legislation, particularly extension of the $21.44 hourly minimum pay rate to grocery delivery workers, has sparked strong reactions among elected officials, delivery app companies, and delivery workers. Although some lauded the legislation for boosting grocery delivery workers’ wages, others criticized the measure for its expected impact on grocery prices. At least one grocery delivery app company has publicly threatened legal action against New York City officials over the legislation.

If you have any questions regarding compliance with current or expanded app-based delivery worker rights or any other issues involving worker classification or payment of wages to delivery workers, please contact a Jackson Lewis attorney.