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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…
In one paragraph
New York's S 9089, the food delivery worker safety and fair algorithms act, would add Labor Law Article 21-D (sections 796 to 796-E). Food delivery platforms could not use an algorithmic management system that requires or incentivizes deliveries within a fixed or rigid time window that cannot reasonably be met, could not penalize workers for missing estimates that ignore traffic, weather or restaurant delays, and could not incentivize speeding or unsafe operation. Platforms must give workers written notice of the factors the algorithm considers. Referred to Labor January 30, 2026; it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. If enacted, food delivery platforms would have to drop rigid delivery-time algorithms and penalties, and give workers written notice of how the algorithm works.
Key provisions
- Section 796 defines food delivery platform, delivery worker (employee or contractor), algorithmic management system and punitive algorithmic practice
- Section 796-A bars rigid delivery windows that cannot be met while obeying traffic laws, and penalties, deactivation or reduced access for missing estimates that ignore traffic, weather or restaurant delays
- Platforms may not incentivize speeding or unsafe operation, or reduce pay, tips, bonuses or incentives because a worker refuses unsafe or unlawful conduct; time estimates must be labeled as estimates
- Section 796-B: plain-language written notice of the factors and metrics the algorithm uses and what can lead to suspension or deactivation; workers may request a written explanation of a suspension, deactivation or significant limit
- Section 796-C gives the Commissioner of Labor primary enforcement authority, with the Attorney General, Department of State and Department of Transportation roles; section 796-D bars retaliation; the text states no penalty amounts
- Would take effect on the 180th day after it becomes law; Assembly companion A10118
Latest legislative action
Jan 30, 2026. referred to labor
Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| BOYLE | Primary |
| GIANARIS | Primary |
| GOLDEN | Primary |
| Leroy Comrie D | Primary |
| Rachel May D | Primary |
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error