New York 2025-2026 Regular Session

New York Senate Bill S05139

Introduced
2/19/25  
Refer
2/19/25  

Caption

Relates to protections and rights afforded to delivery network company (DNC) workers; requires DNCs to create internal procedures for workers to challenge deactivations; provides certain notice and other rights to workers to challenge deactivation both internally in a DNC and externally; allows the Department of Labor to investigate unwarranted deactivation of workers; makes related provisions.

Summary

This bill creates a new Article 20-D in the Labor Law to establish workplace protections for delivery network company (DNC) workers, a category that includes workers who use a digital platform to pick up and deliver orders for compensation. It requires DNCs to adopt written deactivation policies, give workers advance notice before most deactivations, provide records supporting the decision, and maintain an internal process for workers to challenge deactivations. The bill also limits the grounds on which a worker may be deactivated, prohibits deactivation based solely on certain metrics or protected activity, and allows immediate deactivation only in limited circumstances such as compliance with law or egregious misconduct. The bill also creates ongoing disclosure and recordkeeping obligations for DNCs. Companies must provide workers with notices of rights, keep deactivation-related records for at least three years, and transmit specified data to the Department of Labor on a regular basis. The commissioner is given rulemaking authority to define procedures, forms, and reporting requirements, and the department is authorized to investigate suspected violations, prioritize vulnerable workforces, and enforce the article through administrative action and civil complaints. In practical terms, the bill would amend New York labor law to give app-based delivery workers protections similar to just-cause or due-process standards before losing access to a platform. It would affect delivery platforms operating in New York that connect customers with workers through a digital network, while excluding transportation network companies and restaurant-specific ordering systems. The bill would also create new compliance, notice, and documentation duties for companies and expand the Department of Labor’s oversight role. The available context shows no recorded committee debate or votes, so there is no formal legislative history indicating support or opposition. Based on the bill text, the overall policy direction is worker-protective and aimed at preventing arbitrary, discriminatory, or retaliatory deactivations. The structure of the bill suggests a strong emphasis on transparency, due process, and enforcement, with no explicit opposition reflected in the provided materials. The main points of potential contention are likely to be the breadth of the deactivation restrictions, the administrative burden on delivery platforms, and the evidentiary and notice requirements imposed before and after deactivation. Worker advocates would likely support the bill’s protections against retaliation, discrimination, and opaque platform decisions, while companies may object to limits on their ability to manage safety, fraud, and performance issues. The bill also gives the Department of Labor significant discretion to define procedures and reporting standards, which could be another area of concern for regulated businesses.

Impact

The bill would add a new article to the New York Labor Law governing delivery network companies and their workers, creating enforceable rights related to deactivation, notice, access to records, internal appeals, anti-retaliation protections, and Department of Labor oversight. It would require covered companies to change their platform policies, recordkeeping, worker communications, and reporting practices, and it would authorize administrative investigations and civil enforcement for violations. The bill would not apply to transportation network companies or restaurant-specific digital ordering systems.

Sentiment

The provided record contains no committee transcript or vote data, so there is no documented legislative sentiment from debate or roll call. The bill’s text reflects a strongly pro-worker approach focused on due process, transparency, and anti-retaliation protections for app-based delivery workers. On its face, the measure appears designed to address concerns about arbitrary platform deactivation and unequal treatment.

Contention

Likely points of contention include whether the bill goes too far in limiting a delivery company’s discretion to deactivate workers, especially where safety, fraud, customer complaints, or performance concerns are involved. Companies may also object to the advance notice, records disclosure, investigation, and reporting requirements, as well as the rebuttable presumptions created when records are not produced or retained. Worker advocates, by contrast, would likely emphasize the need for fair procedures, language access, protection from retaliation, and safeguards against discrimination and opaque algorithmic decision-making.

Companion Bills

NY A01941

Same As Relates to protections and rights afforded to delivery network company (DNC) workers; requires DNCs to create internal procedures for workers to challenge deactivations; provides certain notice and other rights to workers to challenge deactivation both internally in a DNC and externally; allows the Department of Labor to investigate unwarranted deactivation of workers; makes related provisions.

Previously Filed As

NY A01941

Relates to protections and rights afforded to delivery network company (DNC) workers; requires DNCs to create internal procedures for workers to challenge deactivations; provides certain notice and other rights to workers to challenge deactivation both internally in a DNC and externally; allows the Department of Labor to investigate unwarranted deactivation of workers; makes related provisions.

MD SB740

Transportation Network Companies - Deactivation of Operators

MD HB480

Transportation Network Companies - Deactivation of Operators

MD HB0480

Transportation Network Companies - Deactivation of Operators

MD SB747

Transportation Network Companies - Deactivation of Operators - Policy and Appeal Procedure

FL SB1680

Deactivation from Transportation Network Company Digital Networks:

FL S0334

Deactivation from Transportation Network Company Digital Networks

NY A10222

Includes delivery network company workers in the definition of "employee" for purposes of workers' compensation; provides that the employer of a network company deliver worker shall be a delivery network company.

NY S09813

Includes delivery network company workers in the definition of "employee" for purposes of workers' compensation; provides that the employer of a network company deliver worker shall be a delivery network company.

MA S1305

Establishing protections and accountability for Delivery Network Company workers, consumers, and communities

Similar Bills

TX HB4215

Relating to the regulation of delivery network companies; requiring an occupational permit; authorizing a fee.

NJ S3139

Requires delivery network company to maintain certain automobile insurance.

NJ A3581

Requires delivery network companies to maintain automobile insurance.

NJ A3568

Requires food delivery network company to maintain certain automobile insurance.

TN HB2175

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 55; Title 56 and Title 65, relative to delivery network companies.

TN SB2458

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 55; Title 56 and Title 65, relative to delivery network companies.

MO SB915

Modifies provisions relating to insurance coverage for certain delivery network companies

TX SB2154

Relating to the regulation of delivery network companies; requiring an occupational permit; authorizing a fee.