§ 7-805 Recordkeeping.
RCNY § 7-805
(a)(1) A request or subpoena for information or records from the Department must be served on a delivery service or merchant in writing in person, via mail, or via email. When the Department issues a written request or subpoena for data, information or documents under § 20-1506(a) or (c) of the Administrative Code, a delivery service or merchant must provide all responsive data, information, or documents to the Department within thirty (30) days of receiving such request or subpoena. The Department may issue such written request or subpoena for purposes of discharging any of its responsibilities under Chapter 15 of Title 20, including but not limited to §§ 20-1506, 20-1507 or 20-1522 of the Administrative Code.
(2)A deadline of more than 30 days may be agreed to on consent by the Department and the delivery service or merchant.
(3)A delivery service or merchant must provide data, information or documents to the Department in their original format or, if so requested, in the comma-delimited formats and layouts prescribed by the Department in such written request or subpoena.
(4)The Department may issue a notice of violation to a delivery service or merchant who fails to provide true and accurate electronic records or information by the deadline provided in the written request or subpoena or the deadline agreed to by the parties, provided that any monetary penalties authorized by law for a violation of § 20-1506 of the Administrative Code shall not apply while such written request or subpoena is the subject of a timely-filed pre-compliance review proceeding.
(b)A delivery service or merchant must create and maintain contemporaneous, true, and accurate records documenting compliance with the requirements of Chapter 15 of Title 20 of the Administrative Code and any rules promulgated thereunder for a period of three years. If, in the ordinary course of business, any record required to be maintained under this subdivision is created by a person other than such delivery service, it is the responsibility of such delivery service to obtain and maintain a copy of such record.
(c)A delivery service must maintain the following data and records: (1) With respect to all contracted delivery workers, first name, last name, phone number, email address, internal identifier, taxpayer identification number if required to maintain such number under federal or state law, preferred language, first date retained, and last date retained.
(5)With respect to each pay period during which a contracted delivery worker engaged in any trip time or on-call time: (i) The first name, last name, and internal identifier of the contracted delivery worker; (ii) The date, time, and amount of any payment made to the contracted delivery worker for the pay period, or any part thereof; (iii) The start date and time and end date and time of the pay period; (iv) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, the minutes of trip time worked by the contracted delivery worker; (v) If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, the minutes of on-call time worked by the contracted delivery worker; (vi) The compensation, excluding gratuities, paid to the contracted delivery worker and the basis for such compensation, including rates of pay and units of pay. If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, such records must distinguish compensation for trip time or on-call time from other compensation the delivery service may have paid to the contracted delivery worker; (vii) The gratuities paid to the contracted delivery worker for trips with a pickup or drop off location in New York City; (viii) All deductions from, additions to, or adjustments of compensation owed or paid to the contracted delivery worker, itemized by type.
(ix)If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, the minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810.
(6)If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, with respect to each pay period: (i) The start date and time and end date and time of the pay period; (ii) The total minutes of trip time for all contracted delivery workers; (iii) The total minutes of on-call time for all contracted delivery workers; (iv) The total compensation paid to all contracted delivery workers. Such records must distinguish compensation for trip time or on -call time from other compensation the delivery service may have paid to the contracted delivery worker; (v) The minimum pay method chosen for the pay period pursuant to 6 RCNY § 7-810.
(7)With respect to each insulated food delivery bag provided to a contracted delivery worker: (i) The first name, last name, and internal identifier of the worker to whom the delivery bag was provided; and (ii) The date of provision.
(8)With respect to each deactivation of a contracted delivery worker: (i) The first name, last name, and internal identifier of the worker who was deactivated; (ii) The date and time of deactivation; (iii) The date and time of reactivation, if applicable; (iv) The reason(s) for the deactivation; and (v) Whether the deactivation was effected through an automatic or a manual process.
(9)If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, with respect to each instance in which a contracted delivery worker engages in trip time or on-call time: (i) The first name, last name, and internal identifier of the contracted delivery worker; (ii) The start date and time and end date and time of each span of on-call time; (iii) The start date and time and end date and time of each span of trip time; and (iv) The manufacturer, name, and model number of the phone that the contracted delivery worker used to engage in trip time or on-call time.
(10)If the delivery service is a third-party food delivery service, third-party courier service, or third-party grocery delivery service, documentation of the customer-facing ordering, tip solicitation, and checkout process sufficient to demonstrate compliance with § 20-1522(b)(3) - (5) of the Administrative Code, the version of the delivery service's applications reflected by such documentation, and the dates in which such version was in effect for customers placing orders for delivery to or from locations in New York City.
(11)Each statement provided to a contracted delivery worker pursuant to § 20-1523(c) of the Administrative Code and the date and time such statement was provided and, if applicable, the date and time such statement was requested by a contracted delivery worker.
(12)All application source code and version control logs that document the functioning of, and updates to, any software, service, or application the delivery service develops and uses to perform a function regulated under Chapter 15 of Title 20 of the Administrative Code.
(13)If the delivery service is a third-party food delivery service or third-party courier service, documentation of the maximum distance, bridge, and tunnel parameter selection process sufficient to demonstrate compliance with § 20-1521(a) and (b) of the Administrative Code and subdivisions (b), (c), (d), and (e) of 6 RCNY § 7-806, the version of the delivery service's applications reflected by such documentation, and the dates in which such version was in effect for food delivery workers.
(14)Documentation sufficient to show how the delivery service's processes for offering or assigning trips with a pickup or drop-off in New York City satisfy the disclosure requirements of § 20-1521(d) of the Administrative Code and 6 RCNY § 7-806. Such documentation may be in the form of a recording, a series of images, or any other means to visually represent the features and interface viewable by a delivery worker.
(d)In accordance with applicable law and upon receipt of appropriate notice: (1) A third-party food delivery service or third-party courier service must produce reports to the Department concerning such third-party food delivery service or third-party courier service's operations in New York City for all periods on or after January 1, 2022; provided however, that for all periods between January 1, 2022 and the effective date of this subdivision, a third-party food delivery service or third-party courier service must produce reports only to the extent that such third-party food delivery service or third-party courier service maintained all or part of such records; and (2) A delivery service that is not a third-party food delivery service or third-party courier service must produce reports to the Department concerning such delivery service's operations in New York City for all periods on or after January 1, 2024; provided however, that for all periods between January 1, 2024 and January 26, 2026, a delivery service must produce reports only to the extent that such delivery service maintained all or part of such records.
(e)The Department may prescribe data specifications, including field definitions, record layouts, and uniform codes, for any record required to be maintained pursuant to subdivision (c) or (d) of this section. If prescribed by the Department, a delivery service must maintain the required records in accordance with such specifications. (Added City Record 6/9/2022, eff. 7/9/2022; amended City Record 6/12/2023, eff. 7/12/2023; amended City Record 12/26/2025, eff. 1/25/2026)
