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NYC Sets $22.13 Minimum Pay Rate for Independent Contractor Delivery Workers
New NYC regulation mandates a $22.13 minimum hourly wage for independent‑contractor grocery and food delivery workers, effective April 1 2026, and outlines specific pay and safety obligations for third‑party delivery apps regardless of immigration status.
In this story
At a glance
- What changes
- Minimum hourly wage set at $22.13 for independent‑contractor delivery workers
- Timing
- Effective April 1, 2026
- Who is affected
- All grocery and food delivery workers classified as independent contractors in NYC
The details
- Takes effect
- April 1, 2026
- New rule
- Independent‑contractor delivery workers must receive at least $22.13 per hour, not including tips, with annual inflation adjustments.
Minimum Pay Rate Requirement
The city has established a minimum pay rate of $22.13 per hour for delivery workers who are classified as independent contractors. This amount excludes tips and will be adjusted each year for inflation. The rule applies only to workers who are not employees of restaurants or grocery stores.
Obligations for Third‑Party Delivery Apps
Delivery apps that connect workers with food, grocery, or other orders must meet several standards. They must pay all earnings, including tips, at least once a week and provide a detailed daily pay statement. After six deliveries, apps must supply a free insulated food bag. Route details must be given before a worker accepts a job, and apps may not retaliate against workers asserting their rights.
- Pay weekly, include all tips
- Provide detailed daily pay statements
- Supply free insulated bag after six deliveries
- Give route details before acceptance
Bathroom Access and Enforcement
Delivery workers have the right to use a business’s bathroom when picking up an order, unless safety or health concerns exist. Workers can show a city‑issued card to request access. If denied, the worker may be entitled to $200 per incident. The Department of Consumer and Worker Protection (DCWP) handles complaints, and the City Hall Park Deliverista Hub offers additional support.
- Right to bathroom use with city card
- $200 compensation per denial
What this means for travellers
Trip planning
- Existing delivery contracts remain valid; new wage floor applies to all future work after April 1, 2026
- Workers should verify that their app pays at least the new minimum before accepting new shifts
Cost and documents
- No new fees are introduced for workers; the rule only raises the wage floor
- Workers may need to carry the city‑issued bathroom access card when picking up orders
What you need to do
- Check that weekly pay statements include all tips and meet the $22.13 hourly minimum
- If denied bathroom access, document the incident and file a complaint with DCWP
- Report any retaliation to the Department of Consumer and Worker Protection within 30 days
Who this affects
-
Independent‑contractor food delivery workers
They are covered by the new minimum pay rate and app‑payment rules
What to do Ensure weekly pay meets $22.13 hourly minimum and retain pay statements
-
Independent‑contractor grocery delivery workers
Same wage and payment obligations apply to grocery deliveries
What to do Verify that the app provides a no‑fee payment option and weekly payouts
-
Third‑party non‑food delivery app workers (e.g., Amazon Flex)
They must follow weekly pay, statement, and route‑detail requirements
What to do Confirm receipt of detailed route information before accepting jobs
Frequently asked questions
What is the new minimum wage for NYC delivery workers?
The new minimum hourly wage for independent‑contractor delivery workers in NYC is $22.13, not including tips, and it takes effect on April 1 2026.
Does the wage rule apply to employees of restaurants?
No, the $22.13 minimum applies only to workers classified as independent contractors; employees of restaurants or grocery stores are covered by separate labor rules.
How often must delivery apps pay their workers?
Delivery apps must pay all earnings, including tips, at least once a week and provide a detailed pay statement for the previous day.
What can I do if a business refuses me bathroom access?
If denied bathroom use, you may be entitled to $200 per incident; you should document the denial and file a complaint with the Department of Consumer and Worker Protection.
Where can I get help if my delivery rights are violated?
The Department of Consumer and Worker Protection (DCWP) and the City Hall Park Deliverista Hub at 249 Broadway offer assistance, complaint filing, and resources for delivery workers.