On July 06, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Uber Technologies, Inc.,
and
New York City Department Of Consumer And Worker Protection,
The City Of New York,
Vilda Vera Mayuga
In Her Official Capacity As Commissioner Of The New York City Department Of Consumer And Worker Protection,
for Special Proceedings - CPLR Article 78
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 07/24/2023
EXHIBIT 55
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 07/24/2023
NYC’s minimum wage for delivery riders should copy
what is done for Uber and Lyft drivers
nydailynews.com/opinion/ny-edit-deliver-fairness-common-sense-20230710-py4qakby65flnl53a54js32dey-story.html
Daily News Editorial Board | Published: Jul 10, 2023 at 4:10 am
Despite a law enacted two years ago by the City Council (without the signature of then-
Mayor Bill de Blasio) requiring delivery workers using cars or scooters or bikes — electric or
human-powered — must receive a minimum pay level and the complicated rules set to start
this coming Wednesday, it’s been frozen by a judge and will be decided in court.
The hardworking delivery folks need a better deal, so please get this right.
App-based delivery workers wait outside of a restaurant that uses app deliveries on July 07, 2023 in New
York City. (Spencer Platt/Getty Images)
Back in 2021, we were supportive of the concept, but warned it would be tricky, writing, “the
proof will really be in the eating of the pudding. A proposal to establish a minimum per-
delivery payment, while noble, will depend heavily on the formula the city develops. As
written, the bill directs the Department of Consumer and Worker Protection to study
conditions and pay for workers, including a dizzying array of variables.”
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FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 07/24/2023
We also compared it to being a more complex version of how a wage floor was set for Uber
and Lyft drivers, noting, “and while the Taxi & Limousine Commission had plenty experience
regulating drivers, the DCWP has very little overseeing a workforce.”
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It seems we predicted correctly that DCWP would have problems. The long-delayed
regulations from DCWP, finally promulgated last month and set to start in two days, drew
lawsuits from delivery companies Uber Eats, DoorDash, Grubhub and Relay, who sued in
three separate complaints. On Friday, Acting Manhattan state Supreme Court Justice
Nicholas Moyne stopped the clock and set a hearing for the end of the month.
Our suggestion: Moyne and the DCWP should look to the TLC on how to do this. In both
instances, the workers are not traditional employees, but contractors. The TLC had to play
around to get a proper minimum wage in place, but they found the answer and Uber and Lyft
are cooperating.
Since Uber already has experience in paying a fair minimum for those workers who deliver
passengers, lean on them for finding a sensible formula for the delivery of dinner.
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2023
> July
> 10
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FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 07/24/2023
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Document Filed Date
July 24, 2023
Case Filing Date
July 06, 2023
Category
Special Proceedings - CPLR Article 78
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