Exhibit,Appendix: Uber Technologies, Inc. v. New York City Department Of Consumer And Worker Protection, Vilda Vera Mayuga in her official capacity as Commissioner of the New York City Department of Consumer and Worker Protection, The City Of New York

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                                FILED: NEW YORK COUNTY CLERK 07/06/2023 10:16 AM         INDEX NO. 155943/2023
NYSCEF DOC. NO. 41                                 RECEIVED NYSCEF: 07/06/2023




                        Exhibit 39
FILED: NEW YORK COUNTY CLERK 07/06/2023 10:16 AM                                                      INDEX NO. 155943/2023
NYSCEFBROOKLYN
       DOC. NO. 41                                                                            RECEIVED NYSCEF: 07/06/2023
        CHAMBER OF COMMERCE




          TESTIMONY TO THE NYC DEPARTMENT OF CONSUMER AND WORKER PROTECTION

          As President and CEO of the Brooklyn Chamber of Commerce, I am writing to encourage the Department of
          Consumer and Worker Protection to consider revisions to the proposed rule that would establish a minimum
          pay rate for app-based restaurant delivery workers. The Brooklyn Chamber of Commerce is the borough’s
          leading economic development organization, and serves its members through promotion, support,
          advocacy, and its convening authority to build and maintain a healthy and robust business environment
          throughout Brooklyn.

          The Brooklyn Chamber of Commerce broadly supports establishing reasonable minimum pay standards for
          food delivery workers, who have long provided an important service to New York City — particularly during
          the pandemic when they helped the restaurant industry survive. However, we have serious concerns that
          the way the City’s current proposal is constructed will lead to significant additional costs associated with
          delivery likely to be passed on to businesses and consumers. These increased costs may drive down orders
          from local restaurants, bringing a sudden decline in revenue at a time when record inflation and rising costs
          are already putting pressure on small businesses. This is especially concerning for our organization given
          the impact it could have on restaurants in our borough.

          The proposed rule would impose first-of-its-kind requirements on platforms to start paying delivery workers
          based on all the time they have an app open, rather than just when they are making deliveries. Paying for
          time these workers have an app open fails to consider how these platforms are actually used in practice,
          with workers able to choose which deliveries they accept, and many workers logged on to multiple apps at
          once and would force platforms to reconsider how they operate to offset these higher costs. The unfortunate
          reality is that, as noted in the City’s own study on the issue, delivery services may ultimately end up being
          greatly limited in less busy areas like those outside Manhattan.

          Many businesses in our community depend on delivery to connect with their customers and cannot afford
          platforms reducing or eliminating service altogether in areas like ours. For those restaurants like those in
          Brooklyn that may not have the same volume of daily delivery requests as busier parts of the city, the results
          could be especially harmful. As a result, while well-intentioned, the consequences from the current version
          of this proposal will be felt by small businesses and consumers throughout New York City.

          Given these concerns, we encourage the Department to strike the proper balance so that these services
          remain accessible for all and help contribute to growing our local economy. Most notably, the proposed rule
          should be revised to ensure that the pay rate applies to time more comparable to work time rather than all
          time that a food delivery worker has the app open. Delivery provides a crucial service connecting small
          businesses, workers and New Yorkers who use it. While it is important to ensure these workers are making
          a fair wage, we are respectfully asking the DWCP to carefully consider the potential impacts of the rule as it
          stands and to make changes to ensure that the rule will not harm businesses in New York City.

          Respectfully submitted:


          Randy Peers
          President & CEO
          December 14, 2022




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 Brooklyn, NY 11232                              F: (718) 222 – 0781                                      info@brooklynchamber.com