PUBLIC TESTIMONY
Testimony by Dan Ocampo, Attorney at National Employment Law Project (NELP)
0:52:12
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127 sec
Dan Ocampo, an attorney from the National Employment Law Project (NELP), testifies in favor of two bills to expand delivery worker protections in New York City. He emphasizes the success of existing restaurant delivery worker pay standards and argues for extending these protections to grocery and other contracted delivery workers.
- Ocampo supports both Intro 1135 (extending pay standards to grocery delivery workers) and Intro 1133 (extending protections to all contracted delivery workers).
- He mentions previous litigation by companies like Uber, DoorDash, Grubhub, and Relay against the city's pay standard, describing the lawsuits as "essentially frivolous."
- Ocampo expresses hope that companies won't sue if the new legislation passes, noting that the language in the new bills is clearer and the legislative intent is more explicit.
Dan Ocampo
0:52:12
Good afternoon, chairman and members of the committee.
0:52:14
My name is Dan Ocampo.
0:52:16
I am an attorney at the National Employment Law Project, NELP, here in New York, and I'm here to testify in favor of both of these bills.
0:52:23
As we've heard, the restaurant delivery worker pay standard has been a a demonstrated success.
0:52:29
Pay has increased significantly for for this workforce, and demand for delivery did not collapse, as some of the companies had predicted.
0:52:36
And it turns out that these multibillion dollar companies can afford to pay their workers a minimum wage.
0:52:41
As a result, New York City is one of only a handful of jurisdictions that's been able to enact meaningful protections for this essential and growing workforce who've been cut out of labor and employment laws by the companies that classify them as independent contractors.
0:52:57
Now New York should continue leading by extending these protections to grocery and other contracted delivery workers who are engaged in essentially identical work and who also deserve a pay floor.
0:53:08
As we've heard, intro number 1135 would extend the pay standard specifically to grocery delivery workers who would be covered under the existing standard, the idea being that it wouldn't require a new rulemaking from the department and so could go into effect right away.
0:53:23
And intro number 1133 would extend the protections to all contracted delivery workers, but would would require a new rulemaking.
0:53:33
And then just a quick word about the litigation over the pay standard.
0:53:38
So just a few days before the initial payrolls were set to go into effect, Uber, DoorDash, Grubhub, and Relay all sued the city.
0:53:46
The lawsuits were essentially frivolous, claiming that DCWP had exceeded its authority under the legislation, which it didn't, and I think you'll agree.
0:53:54
But it did throw sand in the gears and 1 a several month delay and also an exemption for relay.
0:54:00
And those were months during which delivery workers continued to earn subminimum wages.
0:54:05
I hope the companies affected by by this legislation don't try to sue if it passes.
0:54:09
But if they do, I think the, the the language is much clearer in this bill and the legislative intent is made crystal clear.
0:54:17
So with that, I'll I'll close.
0:54:18
Thank you.
