§ 7-803 Retaliation.
RCNY § 7-803
(a)"Denial of work opportunities" under § 20-1504 of the Administrative Code and "denial of future work opportunities" under § 20-1508 of the Administrative Code include deactivations or any other act that results in a contracted delivery worker not being offered or assigned a trip, provided however that such terms do not include any act or omission required of a third-party food delivery service or third-party courier service in order to comply with a food delivery worker's maximum distance, bridge, and tunnel specifications in accordance with § 20-1521(c) of the Administrative Code.
(b)If a delivery service maintains a system in which contracted delivery worker deactivations or trip or shift offers or assignments depend, in whole or in part, on contracted delivery workers' internal or public ratings, it is a retaliatory denial of a work opportunity under § 20-1504 of the Administrative Code and a retaliatory denial of a future work opportunity under § 20-1508 of the Administrative Code when such delivery service downgrades a contracted delivery worker's rating based on the exercise or attempted exercise of a right protected under Chapter 15 of Title 20 of the Administrative Code.
(c)It shall constitute retaliation under § 20-1504 of the Administrative Code if a delivery service or any other person takes an adverse action against a contracted delivery worker on account of such worker refusing a trip offered or assigned in violation of § 20-1521 of the Administrative Code.
(d)Each downgrading of a contracted delivery worker's internal or public rating as a result of such worker's exercise or attempted exercise of a right protected under Chapter 15 of Title 20 of the Administrative Code shall constitute a separate instance of retaliation and a separate instance of a violation of § 20-1508(a)(3)(a) of the Administrative Code. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 12/26/2025, eff. 1/25/2026)
