Preview
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023
EXHIBIT 54
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
7/23/23, 10:27 PM The new rules are fair and provide for a decent wage
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023
The new rules are fair and provide for a decent wage
·• nydailynews.com/opinion/ny-oped-explaining-nycs-delivery-workers-minimum-pay-20230713-
fzeetuab6jh53pjrsgrdefq4tq-story. html
Vilda Vera Mayuga
Opinion
Explaining NYC's delivery workers' minimum pay: The new rules are
fair and provide for a decent wage
By Vilda Vera Mayuga
New York Daily News
•
Jul 13, 2023 at 5:00 am
The city's new minimum pay rate for app-based restaurant delivery workers will lift
thousands of working New Yorkers and their families out of poverty, and help them to afford
safer equipment and cover medical expenses. After an extensive rule-making process that
had input from various stakeholders, including workers, elected officials, and the apps
themselves, the rule was scheduled to go into effect yesterday, July 12. But the apps these
workers conduct deliveries for are suing the city to stop the rate from taking effect.
It's crucial that we not lose sight of the conditions and poor pay that these workers have
endured for years, including torrential rain and floods just this past weekend. Delivery
workers, like all workers, deserve to earn fair pay for their labor, and we must combat
misinformation and avoid confusion.
https://www.printfriendly.com/p/g/Rkq5Lv 1/4
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
7/23/23, 10:27 PM The new rules are fair and provide for a decent wage
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023
. - · -- -=--- '""" --- ...
E-bikes make deliveries in New York City. (Shutterstock/Shutterstock)
Here are the facts.
The minimum pay rate mirrors the city's rate for for-hire vehicle drivers. This minimum pay
rate is not the first of its kind in New York City. The Taxi and Limousine Commission (TLC)
set pay rates for Uber and Lyft drivers in 2018. The impact has been clear, minimum pay
rates are good for workers without harming the ability of the companies involved to make
money.
When designing our minimum pay rate, we were mindful to look at other policies that have
been implemented for similar gig economy workers. In fact, we actually based our rate off of
the one TLC set, but we included a crucial workers' compensation component. Uber and Lyft
drivers receive workers' compensation coverage via the Black Car Fund. Black Car Fund
covers lost wages and medical care for injuries. Delivery workers do not have this type of
compensation coverage, so our minimum pay rate includes $1.68/hour to account for
workers' lack of compensation coverage in this dangerous industry.
https://www.printfriendly.com/p/g/Rkq5Lv 2/4
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
7/23/23, 10:27 PM The new rules are fair and provide for a decent wage
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023
The Daily News Flash
Weekdays
Catch up on the day's top five stories every weekday afternoon.
By submitting your email to receive this newsletter, you agree to our Subscriber Terms &
Conditions and Privacy Policy.
The apps have been paying workers poverty wages for years. Restaurant delivery apps
classify their delivery workers as independent contractors, which means workers are not
covered by traditional employment protections like the minimum wage. Apps pay workers
around $7/hour on average, which comes out to about $4/hour after accounting for expenses
and before tips. Workers rely on tips for about 50% of their earnings. Under the new
minimum pay rate, workers will make at least $17.96/hour. This rate will increase to
$18.96/hour on April 1, 2024, and $19.96/hour on April 1, 2025, with an annual adjustment
for inflation.
Delivery workers do not get any employer-sponsored benefits. It is dishonest to compare the
wages of salaried or hourly employees to the minimum pay rate for delivery workers without
accounting for workers' expenses or the value of employee benefits. Delivery workers pay
out-of-pocket for all of their job-related expenses. This includes e-bikes, batteries, phones to
access the app, data plans, and safety gear.
Firefighters, for example, do not have to pay out-of-pocket for their uniforms, safety gear, or
maintenance on their fire trucks. Beyond the lack of workers' compensation, delivery workers
also do not have access to employer-sponsored health insurance, unemployment, or paid
time off, and must pay more in Medicare and Social Security contributions than employees
do. DCWP took these facts into account when developing the minimum pay rate.
Finally, apps should not have to lock out existing workers from performing deliveries. DCWP
conducted a comprehensive study of the industry and found that consumer spending on app
delivery in New York City was more than $4 billion in 2022 and that the industry is expected
to grow by more than 30% in the coming years, even with the minimum pay rate in place.
These apps are multi-billion-dollar companies and have paid delivery workers poverty wages
for years. The pay rate was structured to be phased in, as described above, which means
there is no reason for apps to deactivate delivery workers because it's going into effect. In
fact, our goal has always been to provide these workers better compensation for their labor
while still allowing the industry to keep flexible work structures, and we believe this rate does
just that. We encourage any worker who is deactivated while exercising their rights under the
laws DCWP enforces to reach out to us and make a complaint.
https://www.printfriendly.com/p/g/Rkq5Lv 3/4
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
7/23/23, 10:27 PM The new rules are fair and provide for a decent wage
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023
The minimum pay rate for app-based restaurant delivery workers (details can be found at
nyc.gov/DeliveryApps) will help uplift thousands of working New Yorkers and their families
out of poverty, while still allowing flexibility for both apps and workers. It will help workers
cover medical expenses and afford safer equipment. A rising tide lifts all boats, and we
should not pit hardworking New Yorkers against each other for political gain.
Mayuga is the commissioner for the NYC Department of Consumer and Worker Protection.
• 2023
• > July
• > 13
https://www.printfriendly.com/p/g/Rkq5Lv 4/4
Preview
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023 EXHIBIT 54 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 7/23/23, 10:27 PM The new rules are fair and provide for a decent wage NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023 The new rules are fair and provide for a decent wage ·• nydailynews.com/opinion/ny-oped-explaining-nycs-delivery-workers-minimum-pay-20230713- fzeetuab6jh53pjrsgrdefq4tq-story. html Vilda Vera Mayuga Opinion Explaining NYC's delivery workers' minimum pay: The new rules are fair and provide for a decent wage By Vilda Vera Mayuga New York Daily News • Jul 13, 2023 at 5:00 am The city's new minimum pay rate for app-based restaurant delivery workers will lift thousands of working New Yorkers and their families out of poverty, and help them to afford safer equipment and cover medical expenses. After an extensive rule-making process that had input from various stakeholders, including workers, elected officials, and the apps themselves, the rule was scheduled to go into effect yesterday, July 12. But the apps these workers conduct deliveries for are suing the city to stop the rate from taking effect. It's crucial that we not lose sight of the conditions and poor pay that these workers have endured for years, including torrential rain and floods just this past weekend. Delivery workers, like all workers, deserve to earn fair pay for their labor, and we must combat misinformation and avoid confusion. https://www.printfriendly.com/p/g/Rkq5Lv 1/4 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 7/23/23, 10:27 PM The new rules are fair and provide for a decent wage NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023 . - · -- -=--- '""" --- ... E-bikes make deliveries in New York City. (Shutterstock/Shutterstock) Here are the facts. The minimum pay rate mirrors the city's rate for for-hire vehicle drivers. This minimum pay rate is not the first of its kind in New York City. The Taxi and Limousine Commission (TLC) set pay rates for Uber and Lyft drivers in 2018. The impact has been clear, minimum pay rates are good for workers without harming the ability of the companies involved to make money. When designing our minimum pay rate, we were mindful to look at other policies that have been implemented for similar gig economy workers. In fact, we actually based our rate off of the one TLC set, but we included a crucial workers' compensation component. Uber and Lyft drivers receive workers' compensation coverage via the Black Car Fund. Black Car Fund covers lost wages and medical care for injuries. Delivery workers do not have this type of compensation coverage, so our minimum pay rate includes $1.68/hour to account for workers' lack of compensation coverage in this dangerous industry. https://www.printfriendly.com/p/g/Rkq5Lv 2/4 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 7/23/23, 10:27 PM The new rules are fair and provide for a decent wage NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023 The Daily News Flash Weekdays Catch up on the day's top five stories every weekday afternoon. By submitting your email to receive this newsletter, you agree to our Subscriber Terms & Conditions and Privacy Policy. The apps have been paying workers poverty wages for years. Restaurant delivery apps classify their delivery workers as independent contractors, which means workers are not covered by traditional employment protections like the minimum wage. Apps pay workers around $7/hour on average, which comes out to about $4/hour after accounting for expenses and before tips. Workers rely on tips for about 50% of their earnings. Under the new minimum pay rate, workers will make at least $17.96/hour. This rate will increase to $18.96/hour on April 1, 2024, and $19.96/hour on April 1, 2025, with an annual adjustment for inflation. Delivery workers do not get any employer-sponsored benefits. It is dishonest to compare the wages of salaried or hourly employees to the minimum pay rate for delivery workers without accounting for workers' expenses or the value of employee benefits. Delivery workers pay out-of-pocket for all of their job-related expenses. This includes e-bikes, batteries, phones to access the app, data plans, and safety gear. Firefighters, for example, do not have to pay out-of-pocket for their uniforms, safety gear, or maintenance on their fire trucks. Beyond the lack of workers' compensation, delivery workers also do not have access to employer-sponsored health insurance, unemployment, or paid time off, and must pay more in Medicare and Social Security contributions than employees do. DCWP took these facts into account when developing the minimum pay rate. Finally, apps should not have to lock out existing workers from performing deliveries. DCWP conducted a comprehensive study of the industry and found that consumer spending on app delivery in New York City was more than $4 billion in 2022 and that the industry is expected to grow by more than 30% in the coming years, even with the minimum pay rate in place. These apps are multi-billion-dollar companies and have paid delivery workers poverty wages for years. The pay rate was structured to be phased in, as described above, which means there is no reason for apps to deactivate delivery workers because it's going into effect. In fact, our goal has always been to provide these workers better compensation for their labor while still allowing the industry to keep flexible work structures, and we believe this rate does just that. We encourage any worker who is deactivated while exercising their rights under the laws DCWP enforces to reach out to us and make a complaint. https://www.printfriendly.com/p/g/Rkq5Lv 3/4 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 7/23/23, 10:27 PM The new rules are fair and provide for a decent wage NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 07/24/2023 The minimum pay rate for app-based restaurant delivery workers (details can be found at nyc.gov/DeliveryApps) will help uplift thousands of working New Yorkers and their families out of poverty, while still allowing flexibility for both apps and workers. It will help workers cover medical expenses and afford safer equipment. A rising tide lifts all boats, and we should not pit hardworking New Yorkers against each other for political gain. Mayuga is the commissioner for the NYC Department of Consumer and Worker Protection. • 2023 • > July • > 13 https://www.printfriendly.com/p/g/Rkq5Lv 4/4