Preview
FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023
EXHIBIT M
FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023
Record ID # 2023-02225-ENF
Vilda Vera Mayuga June 30, 2023
Commissioner
Sent by email to: edillingham@beneschlaw.com
Olivia Wade
Staff Counsel Emily N. Dillingham, Counsel to DoorDash, Inc.
owade@dcwp.nyc.gov Benesch, Friedlander, Coplan & Aronoff LLP
17 State Street
Office of Labor
Suite 4000
Policy & Standards
New York, NY 10004
42 Broadway
9th Floor NOTICE OF INVESTIGATION
New York, NY 10004
The NYC Department of Consumer and Worker Protection (DCWP) enforces
(212) 436-0214 Chapter 15 of Title 20 of the Administrative Code of the City of New York (the
“Food Delivery Worker Law”) and its implementing rules, Subchapter H of Chapter
7 of Title 6 of the Rules of the City of New York.
nyc.gov/dcwp
The NYC Food Delivery Worker Law requires third-party food delivery services
and third-party courier services, as defined by section 20-1501 of the New York
City Administrative Code, to pay food delivery workers for work performed no less
frequently than once a week and maintain and make available to DCWP records
documenting their compliance with this requirement, among other obligations.
Pursuant to its authority under Section 20-1507(b) of the Law and Section
2203(e)-(f) of the NYC Charter, DCWP has opened an investigation into
DoorDash, Inc. (“DoorDash”) due to alleged noncompliance with the Food
Delivery Worker Law’s timely payment provisions.
Enclosed with this notice is a Document and Information Request.
DCWP must receive all requested documents and information within 14 days
of the date of this letter. Please send your response by email to Staff Counsel
Olivia Wade at Owade@dcwp.nyc.gov.
If you have questions about DCWP’s investigation and resolution process, please
contact Olivia Wade at the email address or phone number indicated on the left.
COOPERATION WITH THE DCWP INVESTIGATION
Failure to cooperate with this investigation or provide all of the information and
documents requested constitutes a violation of the Law, subjecting you to fines in
addition to civil penalties and relief for other potential violations of the Law. Further,
failure to produce records may result in a rebuttable presumption against you in the
event of a lawsuit or enforcement action.
1
FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023
Record ID # 2023-02225-ENF
RETALIATION PROHIBITED
It is illegal to take action against or punish a food delivery worker for filing
a complaint with this office.
For Food Delivery Worker Information and Resources
Go to nyc.gov/dcwp where you can get:
• Required Notice of Workers’ Rights
• Summary of Workers’ Rights
• Law and Rules (Chapter 15 of Title 20 of the Administrative Code of the City of New York and
Chapter 7 of Title 6 of the Rules of the City of New York
Interpretation Services
If you do not speak or understand English, DCWP will provide interpretation services upon request.
Para más información, por favor llame al (212) 436-0380.
如需了解更多信息，请致电 (212) 436-0258.
Для дополнительной информации, пожалуйста, позвоните по телефону (212) 436-0258.
상세한 정보를 원하시면 (212) 436-0258로 문의하십시오.
Per ulteriori informazioni vi preghiamo di chiamare (212) 436-0258.
Pou jwenn plis enfòmasyon, tanpri rele (212) 436-0258.
আেরা িজ�াসা করেত (212) 436-0258 এ কল করন.
TTY for hearing impaired persons
2
FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023
Record ID # 2023-02225-ENF
DOCUMENT AND INFORMATION REQUEST
Chapters 1 and 64 of the New York City Charter, Chapter 15 of Title 20 of the Administrative Code of
the City of New York (“the Food Delivery Worker Law”) and Chapter 7 of Title 6 of the Rules of the
City of New York (“OLPS Rules”) require that you provide DCWP with records documenting your
compliance with the Food Delivery Worker Law. If you fail to provide any of the requested
documents and/or information, you may face fines and/or a presumption against you in a court
proceeding.
Scope:
With respect to each request, please provide all records in your possession, custody, or control that
are known to you or that you can locate or discover through reasonably diligent efforts. If there are no
records responsive to any particular request, please so state in writing, identifying the particular
request.
If any responsive records were formerly in your possession, custody, or control but are no longer
available, or no longer exist, please submit a written statement that: (a) Describes in detail the nature
of such records and their contents; (b) identifies the person(s) who prepared such records and their
contents; (c) identifies all persons who have seen or had possession of such records; (d) specifies the
date(s) on which such records were prepared, transmitted or received; (e) specifies the date(s) on
which such records became unavailable; (f) specifies the reason why such records are unavailable,
including without limitation whether they were misplaced, lost, destroyed, overwritten, or transferred;
and if such records have been destroyed or transferred, the conditions of and reasons for such
destruction or transfer and the identity of the person(s) requesting and performing such destruction or
transfer; and (g) identifies all persons with knowledge of any portion of the contents of the records.
Unless otherwise indicated, the applicable date range for the below requests is April 22, 2022 up to
the present date (“the relevant time period”).
Definitions:
Throughout this Document and Information Request, please refer to the definitions contained in the
Food Delivery Worker Law. Please also refer to the definitions below.
“Policy” or “policies” means each rule, practice, procedure, or directive, formal or informal, written or
unwritten, and each common understanding or course of conduct that has been in effect at DoorDash.
This includes any change of policy and any policies no longer in effect.
“Data liaison(s)” means one or more individuals in a primarily technical role, whose responsibilities
include design, maintenance, administration, analysis or extraction of information from the
recordkeeping systems in which the responsive records are stored electronically, and who are
personally familiar with such systems.
“Cancelled”, when used with respect to a trip, means that the trip ended prior to the completion of all
planned drop-offs on the trip.
3
FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023
Record ID # 2023-02225-ENF
Requests:
Provide all documents and records within the scope of the investigation (see “Scope” above). Please
do not provide paper documents or records. All documents or records must be provided in electronic
format.
Part I. Policy Documents:
Your response to requests 1 and 2 must be produced in the format in which the documents are
maintained. For example, electronic documents will be .pdf or .docx files, emails will be .msg or .eml
files, and spreadsheets will be .xlsx or .csv files. If a document exists only in paper format, it should be
scanned and produced in pdf.
1. All policies or practices DoorDash has implemented to comply with section 20-1523 of the Food
Delivery Worker Law and section 7-807 of the Rules of the City of New York, including but not limited
to written policies, procedures, manuals, instructions, presentations, training materials,
requirements documents, memoranda, or agreements with third-party vendors. You should
preserve relevant source code but may omit it from your response at this time.
2. If not already encompassed by request 1, all DoorDash policies or practices, or those of any third-
party vendor engaged by DoorDash, for:
a. paying food delivery workers for completed trips;
b. paying food delivery workers for cancelled trips;
c. paying non-trip compensation to food delivery workers;
d. verifying food delivery workers’ identities;
e. performing background checks of food delivery workers;
f. identifying fraudulent activity by food delivery workers;
g. deactivating food delivery workers;
h. stopping, withholding, delaying, or cancelling payment, or otherwise not timely paying to
food delivery workers amounts initially credited to their accounts; and
i. ensuring food delivery workers are compensated no less frequently than once a week.
Responsive documents should include, but are not limited to, written policies, procedures, manuals,
instructions, presentations, training materials, requirements documents, memoranda, or
agreements with third-party vendors. You should preserve relevant source code but may omit it from
your response at this time.
Part II. Records of Trips, Payments, and Deactivations
Your response to requests 3-5 must be produced as structured data in a machine readable format.
The response must preserve the original content and structure of the responsive records.
3. The following information for all trips that were completed or cancelled during the relevant time
period:
a. Dasher ID of the food delivery worker who accepted the trip;
b. The date and time that the food delivery worker accepted the trip;
4
FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023
Record ID # 2023-02225-ENF
c. Whether the trip was completed or cancelled, and the date and time of completion or
cancellation;
d. If the trip was cancelled, the reason for cancellation, including whether the cancellation was
initiated by the food delivery worker, the customer, the business from which the delivery
order was to be picked up, or by DoorDash;
e. The start and end dates and times of the pay period applicable to the trip;
f. The compensation, excluding gratuity, to be paid to the food delivery worker for the trip, as
disclosed at the time the trip was offered;
g. The gratuity charged to the consumer for each order on the trip, if any;
h. The gratuity paid to the food delivery worker for the trip, if any;
i. The compensation, excluding gratuity, paid to the food delivery worker for the trip, if any.
4. The following information for all payments made to food delivery workers during the relevant time
period:
a. Dasher ID of the food delivery worker who received the payment;
b. The date and time the food delivery worker received the payment;
c. The start and end dates and times of the pay period the payment corresponded to;
d. The method of payment. For example: Weekly Direct Deposit, Fast Pay, DasherDirect;
e. The total amount of compensation for trips performed by the food delivery worker;
f. The total amount of incentives or non-trip compensation, itemized by type;
g. All fees or deductions from compensation, itemized by type;
h. The net amount paid to the food delivery worker.
5. The following information for any deactivation of a food delivery worker during the relevant period:
a. Dasher ID of the food delivery worker who was deactivated;
b. The date and time of deactivation;
c. The date and time of reactivation, if applicable;
d. The reason for deactivation;
e. Whether the deactivation was effected through an automatic or manual process;
Part III. Recordkeeping Information:
6. For each response to Part II, provide a data dictionary containing descriptions of all data elements
in plain language. The data dictionary should clearly define all coded values, abbreviations, and
time zones used in the response.
7. For each response to Part II, identify one or more data liaisons who are capable of answering
technical questions about the relevant recordkeeping systems and the extraction of responsive
records. Note: The Department will not attempt to contact the identified individuals except through
counsel.
5
Preview
FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023 EXHIBIT M FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023 Record ID # 2023-02225-ENF Vilda Vera Mayuga June 30, 2023 Commissioner Sent by email to: edillingham@beneschlaw.com Olivia Wade Staff Counsel Emily N. Dillingham, Counsel to DoorDash, Inc. owade@dcwp.nyc.gov Benesch, Friedlander, Coplan & Aronoff LLP 17 State Street Office of Labor Suite 4000 Policy & Standards New York, NY 10004 42 Broadway 9th Floor NOTICE OF INVESTIGATION New York, NY 10004 The NYC Department of Consumer and Worker Protection (DCWP) enforces (212) 436-0214 Chapter 15 of Title 20 of the Administrative Code of the City of New York (the “Food Delivery Worker Law”) and its implementing rules, Subchapter H of Chapter 7 of Title 6 of the Rules of the City of New York. nyc.gov/dcwp The NYC Food Delivery Worker Law requires third-party food delivery services and third-party courier services, as defined by section 20-1501 of the New York City Administrative Code, to pay food delivery workers for work performed no less frequently than once a week and maintain and make available to DCWP records documenting their compliance with this requirement, among other obligations. Pursuant to its authority under Section 20-1507(b) of the Law and Section 2203(e)-(f) of the NYC Charter, DCWP has opened an investigation into DoorDash, Inc. (“DoorDash”) due to alleged noncompliance with the Food Delivery Worker Law’s timely payment provisions. Enclosed with this notice is a Document and Information Request. DCWP must receive all requested documents and information within 14 days of the date of this letter. Please send your response by email to Staff Counsel Olivia Wade at Owade@dcwp.nyc.gov. If you have questions about DCWP’s investigation and resolution process, please contact Olivia Wade at the email address or phone number indicated on the left. COOPERATION WITH THE DCWP INVESTIGATION Failure to cooperate with this investigation or provide all of the information and documents requested constitutes a violation of the Law, subjecting you to fines in addition to civil penalties and relief for other potential violations of the Law. Further, failure to produce records may result in a rebuttable presumption against you in the event of a lawsuit or enforcement action. 1 FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023 Record ID # 2023-02225-ENF RETALIATION PROHIBITED It is illegal to take action against or punish a food delivery worker for filing a complaint with this office. For Food Delivery Worker Information and Resources Go to nyc.gov/dcwp where you can get: • Required Notice of Workers’ Rights • Summary of Workers’ Rights • Law and Rules (Chapter 15 of Title 20 of the Administrative Code of the City of New York and Chapter 7 of Title 6 of the Rules of the City of New York Interpretation Services If you do not speak or understand English, DCWP will provide interpretation services upon request. Para más información, por favor llame al (212) 436-0380. 如需了解更多信息，请致电 (212) 436-0258. Для дополнительной информации, пожалуйста, позвоните по телефону (212) 436-0258. 상세한 정보를 원하시면 (212) 436-0258로 문의하십시오. Per ulteriori informazioni vi preghiamo di chiamare (212) 436-0258. Pou jwenn plis enfòmasyon, tanpri rele (212) 436-0258. আেরা িজ�াসা করেত (212) 436-0258 এ কল করন. TTY for hearing impaired persons 2 FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023 Record ID # 2023-02225-ENF DOCUMENT AND INFORMATION REQUEST Chapters 1 and 64 of the New York City Charter, Chapter 15 of Title 20 of the Administrative Code of the City of New York (“the Food Delivery Worker Law”) and Chapter 7 of Title 6 of the Rules of the City of New York (“OLPS Rules”) require that you provide DCWP with records documenting your compliance with the Food Delivery Worker Law. If you fail to provide any of the requested documents and/or information, you may face fines and/or a presumption against you in a court proceeding. Scope: With respect to each request, please provide all records in your possession, custody, or control that are known to you or that you can locate or discover through reasonably diligent efforts. If there are no records responsive to any particular request, please so state in writing, identifying the particular request. If any responsive records were formerly in your possession, custody, or control but are no longer available, or no longer exist, please submit a written statement that: (a) Describes in detail the nature of such records and their contents; (b) identifies the person(s) who prepared such records and their contents; (c) identifies all persons who have seen or had possession of such records; (d) specifies the date(s) on which such records were prepared, transmitted or received; (e) specifies the date(s) on which such records became unavailable; (f) specifies the reason why such records are unavailable, including without limitation whether they were misplaced, lost, destroyed, overwritten, or transferred; and if such records have been destroyed or transferred, the conditions of and reasons for such destruction or transfer and the identity of the person(s) requesting and performing such destruction or transfer; and (g) identifies all persons with knowledge of any portion of the contents of the records. Unless otherwise indicated, the applicable date range for the below requests is April 22, 2022 up to the present date (“the relevant time period”). Definitions: Throughout this Document and Information Request, please refer to the definitions contained in the Food Delivery Worker Law. Please also refer to the definitions below. “Policy” or “policies” means each rule, practice, procedure, or directive, formal or informal, written or unwritten, and each common understanding or course of conduct that has been in effect at DoorDash. This includes any change of policy and any policies no longer in effect. “Data liaison(s)” means one or more individuals in a primarily technical role, whose responsibilities include design, maintenance, administration, analysis or extraction of information from the recordkeeping systems in which the responsive records are stored electronically, and who are personally familiar with such systems. “Cancelled”, when used with respect to a trip, means that the trip ended prior to the completion of all planned drop-offs on the trip. 3 FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023 Record ID # 2023-02225-ENF Requests: Provide all documents and records within the scope of the investigation (see “Scope” above). Please do not provide paper documents or records. All documents or records must be provided in electronic format. Part I. Policy Documents: Your response to requests 1 and 2 must be produced in the format in which the documents are maintained. For example, electronic documents will be .pdf or .docx files, emails will be .msg or .eml files, and spreadsheets will be .xlsx or .csv files. If a document exists only in paper format, it should be scanned and produced in pdf. 1. All policies or practices DoorDash has implemented to comply with section 20-1523 of the Food Delivery Worker Law and section 7-807 of the Rules of the City of New York, including but not limited to written policies, procedures, manuals, instructions, presentations, training materials, requirements documents, memoranda, or agreements with third-party vendors. You should preserve relevant source code but may omit it from your response at this time. 2. If not already encompassed by request 1, all DoorDash policies or practices, or those of any third- party vendor engaged by DoorDash, for: a. paying food delivery workers for completed trips; b. paying food delivery workers for cancelled trips; c. paying non-trip compensation to food delivery workers; d. verifying food delivery workers’ identities; e. performing background checks of food delivery workers; f. identifying fraudulent activity by food delivery workers; g. deactivating food delivery workers; h. stopping, withholding, delaying, or cancelling payment, or otherwise not timely paying to food delivery workers amounts initially credited to their accounts; and i. ensuring food delivery workers are compensated no less frequently than once a week. Responsive documents should include, but are not limited to, written policies, procedures, manuals, instructions, presentations, training materials, requirements documents, memoranda, or agreements with third-party vendors. You should preserve relevant source code but may omit it from your response at this time. Part II. Records of Trips, Payments, and Deactivations Your response to requests 3-5 must be produced as structured data in a machine readable format. The response must preserve the original content and structure of the responsive records. 3. The following information for all trips that were completed or cancelled during the relevant time period: a. Dasher ID of the food delivery worker who accepted the trip; b. The date and time that the food delivery worker accepted the trip; 4 FILED: NEW YORK COUNTY CLERK 08/01/2023 03:57 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 08/01/2023 Record ID # 2023-02225-ENF c. Whether the trip was completed or cancelled, and the date and time of completion or cancellation; d. If the trip was cancelled, the reason for cancellation, including whether the cancellation was initiated by the food delivery worker, the customer, the business from which the delivery order was to be picked up, or by DoorDash; e. The start and end dates and times of the pay period applicable to the trip; f. The compensation, excluding gratuity, to be paid to the food delivery worker for the trip, as disclosed at the time the trip was offered; g. The gratuity charged to the consumer for each order on the trip, if any; h. The gratuity paid to the food delivery worker for the trip, if any; i. The compensation, excluding gratuity, paid to the food delivery worker for the trip, if any. 4. The following information for all payments made to food delivery workers during the relevant time period: a. Dasher ID of the food delivery worker who received the payment; b. The date and time the food delivery worker received the payment; c. The start and end dates and times of the pay period the payment corresponded to; d. The method of payment. For example: Weekly Direct Deposit, Fast Pay, DasherDirect; e. The total amount of compensation for trips performed by the food delivery worker; f. The total amount of incentives or non-trip compensation, itemized by type; g. All fees or deductions from compensation, itemized by type; h. The net amount paid to the food delivery worker. 5. The following information for any deactivation of a food delivery worker during the relevant period: a. Dasher ID of the food delivery worker who was deactivated; b. The date and time of deactivation; c. The date and time of reactivation, if applicable; d. The reason for deactivation; e. Whether the deactivation was effected through an automatic or manual process; Part III. Recordkeeping Information: 6. For each response to Part II, provide a data dictionary containing descriptions of all data elements in plain language. The data dictionary should clearly define all coded values, abbreviations, and time zones used in the response. 7. For each response to Part II, identify one or more data liaisons who are capable of answering technical questions about the relevant recordkeeping systems and the extraction of responsive records. Note: The Department will not attempt to contact the identified individuals except through counsel. 5