Bill > A07376

This bill requires third-party food delivery services (defined as websites or apps that arrange food delivery from at least 20 different food service establishments in New York State) to offer customers the option to add a gratuity during the online ordering process, at the same point where the original order is placed. The bill defines key terms such as "gratuity charge" as a payment intended to directly benefit the delivery worker, and "delivery worker" as the individual fulfilling the online order. Importantly, the bill prohibits these delivery services from reducing a worker's compensation or tips as a result of complying with this requirement. If a third-party food delivery service violates these provisions, the New York State Attorney General can seek an injunction and potentially impose civil penalties of up to $1,000 per violation, with each day and each affected food service establishment potentially counting as a separate violation. The bill also preserves the ability of local governments to maintain existing or create new regulations that are not inconsistent with this law, ensuring flexibility for local jurisdictions like New York City. The legislation is designed to provide more transparency and ease for customers wanting to tip delivery workers and to protect workers' potential earnings.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A7376