§ 20-1533 Prior deactivations.
AC § 20-1533
a. Within 1 year after the effective date of the local law that added this section, a contracted delivery worker who was subject to a prior deactivation by a delivery service may petition such delivery service for reinstatement or restoration of access to such delivery service’s delivery platform. Within 30 days after receipt of such petition, such delivery service shall reinstate or restore such contracted delivery worker’s access to such delivery platform, unless such prior deactivation occurred during the probation period or was for just cause, for a bona fide economic reason, as described in section 20-1534, or required by federal, state, or local law or rule. b. In determining whether a prior deactivation of a contracted delivery worker by a delivery service was for just cause, a fact-finder shall consider, in addition to any other relevant factors, whether: 1. Such contracted delivery worker knew or should have known of such delivery service’s policy, rule, or practice that formed a basis for such prior deactivation and knew or should have known of the potential consequences for violation of such policy, rule or practice; 2. Such delivery service’s policy, rule, or practice that formed a basis for such prior deactivation was reasonably related to safe and efficient delivery service operations; 3. Such delivery service’s policy, rule or practice that formed a basis for such prior deactivation was reasonable and applied consistently; 4. Such prior deactivation was a reasonable response to such contracted delivery worker’s misconduct or failure to satisfactorily perform job duties and accounted for any mitigating circumstances, including, but not limited to, such contracted delivery worker’s past work history; 5. Such contracted delivery worker violated the policy, rule, or practice or committed the misconduct or failure to satisfactorily perform job duties that formed a basis for such prior deactivation; and 6. Such delivery service considered any exculpatory evidence or other facts indicating that such contracted delivery worker did not violate such delivery service’s policy, rule or practice. c. If a delivery service does not reinstate or restore access of a contracted delivery worker who was subject to a prior deactivation to such delivery service’s delivery platform within 30 days after receipt of a petition pursuant to subdivision a of this section, such delivery service shall provide a written explanation, in a form and manner designated by the department, to such contracted delivery worker of all the precise and detailed reasons for such prior deactivation. Such written explanation shall include information about: (i) such contracted delivery worker’s right to challenge such prior deactivation as unlawful pursuant to this subchapter; (ii) how such contracted delivery worker may initiate an informal resolution process with the delivery service pursuant to section 20-1537; (iii) the opportunity of such contracted delivery worker to submit evidence to substantiate a challenge to such prior deactivation; and (iv) such contracted delivery worker’s right to file a complaint with the department, or initiate a private action. d. Notwithstanding any other provision of this section, a delivery service may decline to immediately reinstate or restore access to such delivery service’s delivery platform to a contracted delivery worker whose access is required to be reinstated or restored pursuant to subdivision a of this section if such contracted delivery worker does not meet a minimum requirement that applies to all current contracted delivery workers for such delivery service or if such delivery service is not providing access to such delivery platform to any new contracted delivery worker, and has not provided such access during the 3 months prior to the effective date of the local law that added this section. Where such delivery service declines to immediately reinstate or restore access to such delivery platform pursuant to this subdivision, such delivery service shall maintain a waitlist of contracted delivery worker whose access to such delivery platform is required to be reinstated or restored pursuant to subdivision a of this section and reinstate or restore such contracted delivery worker’ access to such delivery platform, in the order in which such contracted delivery workers were placed on such waitlist, provided that any such contracted delivery worker meets the minimum requirements that apply to all current contracted delivery workers for such delivery service, prior to providing any other new contracted delivery worker access to such delivery platform. (L.L. 2026/034, 1/17/2026, eff. 1/17/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/034.
