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New York City rule, June 2023

App delivery workers earn at least $22.13 an hour before tips

Ink drawing of Brad Lander
Ink drawing of Sandy Nurse

Carried by

Illustrations from photos.See the photo of Lander (Tessa Bury, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Nurse (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.

  • $5.05 restaurant-app workers' average hourly pay before tips before enforcement
  • Over $2 billion extra pay for delivery workers through June 2026

Under threat. Instacart's parent company, Maplebear, is pursuing an appeal seeking to block the 2025 grocery-delivery laws. The Second Circuit denied an injunction on May 20, 2026, so the laws remain in effect while case 26-172 is pending. As of Nov. 11, 2026.

What it means for you

Delivery apps must pay New York City delivery workers a minimum hourly rate, not counting tips, set by the city in 2023 and raised for inflation each year. It reached $22.13 in April 2026, and grocery delivery apps were added in January 2026.

Who benefits: About 80,000 app-based restaurant and grocery delivery workers in New York City.

If you deliver food or groceries through an app in New York City, the app has to pay you at least $22.13 an hour for time spent preparing and making deliveries, not counting tips. Under the standard method, apps also must pay enough across their workforce to cover workers’ combined waiting time at that rate. Apps can’t use tips to meet the minimum. The rate goes up with inflation every April, and you don’t have to sign up for anything.

Before enforcement, restaurant-app delivery workers earned an average of just $5.05 an hour before tips, according to the Department of Consumer and Worker Protection. The city says the rule increased delivery workers’ pay by more than $2 billion through June 2026.

The City Council set this in motion in 2021 with a law led by Council Member Brad Lander that required the city to study delivery workers’ pay and set a minimum; it became law without Mayor Bill de Blasio’s signature. DCWP adopted the rule in 2023, starting at $17.96 an hour, and the city defended it when delivery apps sued. Enforcement began after state courts ruled for the city.

In 2025 the Council passed laws extending the same minimum to grocery delivery apps, led by Council Member Sandy Nurse, and adding requirements for tipping options, faster payment, and itemized pay statements. Mayor Eric Adams vetoed two bills, including the grocery minimum; the Council overrode him on September 10, 2025, and the laws took effect in January 2026.

Work and wagesLower costs

Where it stands, and how we know

Source for this status, checked November 11, 2026.

Sources

  1. Minimum Pay Rate for App-Based Restaurant Delivery WorkersNYC Department of Consumer and Worker Protection
  2. Notice of Adoption of Final Rule, Minimum Pay for Food Delivery WorkersNYC Department of Consumer and Worker Protection
  3. Mayor Adams Announces First Increase in Minimum Pay Rate for App-Based Restaurant Delivery WorkersNYC Department of Consumer and Worker Protection, April 1, 2024
  4. Major Victory for NYC Delivery Workers: Landmark Protections Take Effect TodayNYC Department of Consumer and Worker Protection, January 26, 2026
  5. NYC Delivery Workers: An Update on the Minimum Pay RateNYC Department of Consumer and Worker Protection
  6. Local Law 115 of 2021New York City Council (via intro.nyc)
  7. Local Law 124 of 2025New York City Council (via intro.nyc)
  8. Maplebear, Inc. v. City of New York, case 26-172U.S. Court of Appeals for the Second Circuit (via Justia)

How we checked this

Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 11, 2026, which corrected it. Confirmed the current rate, enactment dates, impact figures, and grocery extension. Corrected the pending-litigation status, narrowed the $5.05 baseline claim, clarified how waiting time is covered, and removed an unsupported mayoral credit.

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From left: Chi Ossé (D), Bill Stanley (R), and Louise Lucas (D).

From left: Chi Ossé (D), Bill Stanley (R), Louise Lucas (D), Emmett Hanger (R), and Michelle Hinchey (D).

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tab

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tabSee the photo of Hanger (Senate of Virginia), opens in a new tab© Senate of Virginia, used as a drawing reference.See the photo of Hinchey (NY Senate, via Wikimedia Commons), opens in a new tabCC BY 2.5.