Council candidates propose plan to license delivery apps and end exploitation
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A FOOD DELIVERY WORKER CARRies AN ORDER. PHOTO BY SETH WERKHEISER/FLICKR
By David Brand
Gustavo, a 38-year-old food delivery worker in Bensonhurst, came to enjoy some parts of the job, like cruising through the city and learning the streets.
But that wasn’t enough to make up for the sub-minimum wage, or for the many dangers he and his peers face — from erratic drivers to armed assailants who make off with delivery workers’ expensive e-bikes.
“There are robberies, injustices, inequality, racism,” Gustavo said in Spanish Tuesday. He asked not to use his last name. “The suffering is harsh … It’s a new era of modern slavery.”
Gustavo and many of his fellow delivery workers, known as deliveristas, have banded together to demand better treatment and pay from the third-party apps, like DoorDash, Grubhub and Seamless, that generate billions of dollars in revenue off their labor.
They have the support of a coalition of city council candidates who have proposed legislation forcing the app companies to obtain a license from the Department of Consumer and Worker Protection in order to operate in New York City, the country’s largest market.
The Delivery Justice Act would compel the companies to pay workers at least a minimum wage, fund bike repairs and establish a compensation fund for delivery workers injured or killed on the job. The measure would also cap fees for restaurants and prohibit consumer data sales.
Under the proposal, delivery workers would be encouraged to submit complaints to the DCWP to investigate possible rights infractions. The city would fine companies that violated the DJA and even revoke a license for multiple egregious abuses. The city Law Department could also sue for large civil penalties in response to a pattern of violations, according to a draft plan describing the proposed bill.
“During the pandemic, from every al pastor to every pizza delivered, the Big Tech food delivery industry has made billions off of consumers and restaurants, all while deeply exploiting deliveristas, and it’s now time for us to rein these companies in and have our policy reflect our values,” said Amit Singh Bagga, a candidate for Long Island City’s District 26 who developed the proposed legislation.
Bagga, a former DWCP deputy commissioner, said he worked with various deliveristas, advocacy organizations and restaurants to develop the plan. The proposed measure has the backing of 18 other candidates, including Hailie Kim in District 26, Juan Ardila in District 30, John Choe in District 20, Ingrid Gomez in District 21, Jaslin Kaur in District 23, Harold Miller in District 27, Felicia Singh in District 32, Jaslin Kaur, D23 and Shekar Krishnan in District 25.
“Our deliveristas, our essential workers in this city, are from Black and brown communities devastated by COVID and they have been so exploited when it comes to wages,” Krishnan said. “We need to help essential workers get the protections they deserve and end the exploitation.
The legislation could address some of the issues killing workers across the city as the demand for delivery surges and paltry pay prevails, Krishnan said.
Deliverista Francisco Villalva Vitinio was shot and killed as armed robbers attempted to steal his bike in East Harlem March 29. Xiang Wu died two months after being struck by a Dodge Charger driver in Borough Park.
Meanwhile, deliveristas who work 12 hours a day for seven days can earn less than $800 a week.
The Workers Justice Project, which advocates for the rights of low-wage immigrant laborers, consulted on the bill proposal.
“City councilmembers have to follow the lead when it comes to really thinking how they can step in to regulate the apps when it comes to their bad business practices, said WJP Director Ligia Guallpa. “I think most importantly, really protecting essential workers, entrenching our labor law protections, preventing food apps from stripping away basic essential workers rights from food delivery workers who have suffered since before the pandemic is a good step.”
Guallpa called on consumers, restaurants and city officials to recognize and compensate the deliveristas as essential workers.
“There is much more to do because the issues that delivery workers are facing are very extensive,” she said. “They’re caused by companies who are profiting from the labor of workers without being responsible for anything.”
