NYC Delivery Workers Bills Passed

Employers with Delivery Workers Should Take Note

At the end of September, the New York City Council passed bills that would benefit delivery workers in the city.

During the pandemic, many delivery workers helped NYC restaurants stay afloat. They were essential workers, recognized by the NYC Council through six different bills.

The bills would mainly apply to businesses with food delivery apps.

What measures change the employment landscape for delivery workers?

Gratuities must become more transparent. One bill would prohibit food delivery apps from soliciting customer tips unless they clearly disclosed the tip amount or tip proportion going to the delivery worker. Previously, many delivery workers did not receive the gratuities that customers intended for them.

Another bill would give delivery workers greater access to restaurants and restrooms.

Another bill requires the Department of Consumer and Worker Protection (DCWP) to do a study regarding delivery worker income. The purpose of the study would be to evaluate their low wages. Some of the factors the study would examine include:

  • Appropriate total income
  • Expenses
  • Required equipment
  • Safety conditions
  • Establishment of minimum wages

Currently, delivery apps charge delivery workers to receive their wage payments. Another bill would prohibit this practice and also require employers to make weekly worker payments.

Another bill would allow workers to establish the maximum distance they would travel per delivery trip.

The last bill would require the food delivery app companies to provide free insulated bags to workers who have completed a minimum of six deliveries for the company.

Do you have concerns or questions about the rights of NYC delivery workers?

It is difficult for many employers to stay up-to-date with the changing legal landscape that affects their businesses. If you have questions or concerns, it is wise to consult with an experienced employment law defense attorney. Needless to say, it is better to do so before legal issues arise. Call (718) 275-6500 to arrange an appointment with Stephen D. Hans & Associates, P.C.

 

 

(keyword: pandemic related disability discrimination)

Pandemic Related Disability Discrimination

How the pandemic is changing disability discrimination accommodations

Pandemic related disability discrimination is an issue the Equal Employment Opportunity Commission (EEOC) recently addressed in a lawsuit. Essentially, the pandemic has shifted the workplace view regarding reasonable accommodations for disabled workers.

The Americans with Disabilities Act (ADA) states that:

“These modifications enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities.” Employers must provide reasonable accommodations unless it creates an undue hardship for the business or a safety issue.

During the Covid-10 pandemic, many employers required employees to work remotely. In fact, for some businesses, remote work was a cost-saving factor.

EEOC lawsuit against the ISS Facility Services

Recently, the EEOC sued ISS Facility Services for denying a disabled worker’s request to work from home. Ronisha Moncrief worked as a health and safety manager for the company in Georgia. ISS had required all its employees to work from home from March 2020 through June 2020. When they reopened their facility, Ronisha requested that she be allowed two days a week to work from home. She also requested that she be allowed to take frequent breaks when working onsite. She had a pulmonary condition that caused breathing difficulty. This condition also put her at greater risk for COVID-19. The company denied her request and within a short period of time fired her.

Meanwhile, the company had approved requests from other workers for remote work.

After an unsuccessful reconciliation attempt with the company, the EEOC sued. They are seeking compensation for back pay, compensatory damages and punitive damages. They are also seeking injunctive relief to prohibit future discrimination.

Seek Legal Counsel for Issues Concerning Pandemic Related Disability Discrimination

As a result of the pandemic, certain aspects of employment law are changing. An experienced lawyer can help you make the right decisions for your business.

If you have questions or concerns, consult with our attorneys at Stephen D. Hans & Associates, P.C. We are glad to provide you with experienced legal guidance. Call (718) 275-6500 to arrange an appointment.

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