§ 20-1534 Bona fide economic reasons.
AC § 20-1534
a. A deactivation, including a prior deactivation, shall not be considered based on a bona fide economic reason unless supported by a delivery service’s business records demonstrating that such deactivation is in response to: (i) a proportionate reduction in volume of sales or profit within the fiscal quarter that ended prior to the issuance of a notice of layoff required by subdivision d of section 20-1532; or (ii) a delivery service discontinuing its driving services in the city. b.
1.Where a delivery service performs deactivations of contracted delivery workers based on a bona fide economic reason, such deactivations must be made in order of seniority of such contracted delivery workers, in accordance with rules of the department. For purposes of this section, seniority shall account for the date such contracted delivery worker commenced serving as a delivery worker for such service, and the amount of work performed by such contracted delivery worker in the timeframe.
2.A delivery service shall make reasonable efforts to offer reinstatement or restoration of access to such delivery service’s delivery platform to any contracted delivery worker deactivated by such delivery service based on a bona fide economic reason within the previous 3 years, if any, before such delivery service may provide any other new contracted delivery worker access to such delivery platform.
3.This subdivision shall apply only to deactivations that occur on or after the effective date of the local law that added this section. (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.
