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NYC Council Overrides Adams Vetoes, Sets $21.44 Minimum for Grocery App Couriers and Scales Back Street‑Vending Penalties

Instacart plans a legal challenge, with City Hall arguing the new laws will raise costs for vulnerable shoppers.

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In an undated photo street vendors march on City Hall in Manhattan in protest of enforcement efforts by the city.
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Overview

  • Lawmakers voted 39–8 to enact a $21.44 hourly minimum for grocery delivery app workers (Intro 1135) and 40–7 to expand workplace protections, and they voted 35–9 with three abstentions to replace most criminal penalties for street vending with civil fines.
  • The pay measure closes the “Instacart loophole” by extending New York’s delivery pay standard beyond restaurant apps, covering an estimated 30,000 grocery couriers in addition to 78,000 restaurant deliveristas.
  • Workplace rules require access to bathrooms, fire‑safety materials and insulated bags, and direct the Department of Consumer and Worker Protection to study delivery conditions for further oversight.
  • The vending law eliminates misdemeanor charges and jail time for unlicensed vending, shifting to violations with fines up to $1,000 and civil penalties up to $250 for time, place and manner violations; it takes effect 180 days after becoming law.
  • Instacart said it will sue to block the pay rule and warned of higher delivery costs and fewer work opportunities, while the Adams administration opposed the bills on price and enforcement grounds as Council leaders framed the votes as protecting largely immigrant workers.