Why Delivery Workers Choose Lipsky Lowe for Unpaid Work Time Claims
Unpaid time is often invisible. Workers may not realize how much is going uncompensated until they do the math. Here’s how we can help:
- 40+ years representing NYC workers in wage and hour claims
- In-depth knowledge of NYC’s Standard and Alternative pay-method framework
- Experience calculating unpaid on-call time, pre-shift time, and trip-time shortfalls
- Many claims recover back pay, $200 per late payment, and liquidated damages at no out-of-pocket cost
- Free, confidential consultation
If your hours and your paycheck don’t match up, contact us today for a free review.
Types of Unpaid Time and How NYC’s Pay Methods Treat Them
Delivery workers spend significant time on the job that may never appear in a pay statement. What NYC law counts as compensable time, and how much you’re owed for it, depends on which pay method your app uses. These are among the most frequently reported wage violations for delivery workers in New York.
On-call and connected-but-waiting time
Time you spend logged in and available for trips, even when no deliveries come in, is on-call time. Under the Standard Method, apps must account for this time in their aggregate compensation calculation. Under the Alternative Method, it is not separately compensated, but the per-trip rate is higher to reflect it.
Time between deliveries, pre-shift, and restaurant wait time
Time spent navigating between pickups, waiting at a restaurant for an order to be ready, or getting set up before your first accepted trip may all be compensable work time, depending on which method your app uses and how it tracks your activity.
Deliveries completed before deactivation
If your account is deactivated, the app cannot withhold pay for deliveries you already completed before it took effect. You are owed that compensation in full, regardless of when or why the deactivation occurred.
The Standard Method vs. the Alternative Method
Under the Standard Method, apps pay at least $22.13 per hour of trip time per worker, and the app as a whole must also cover all workers’ on-call time in its aggregate totals. Under the Alternative Method, apps pay approximately $36.88 per hour of trip time only ($22.13 divided by 0.60), with no separate on-call requirement. The app chooses its method and discloses it to DCWP — individual workers are not always told which method applies to them.
What to Do If You’re Not Paid for All Your Time
Follow these steps to build your unpaid work time claim:
- Track every minute. Keep screenshots of your app’s online and active status, all trip records, restaurant wait logs, and app-reported hours for each pay period. The more detailed your records, the stronger your claim and the more of your time you can recover.
- Talk to an employment attorney. A wage and hour lawyer can evaluate your claim against both pay-method floors, calculate the full back-pay period under New York’s six-year recovery window, and pursue your case at no out-of-pocket cost in many situations.
- File a complaint with DCWP. Submit a complaint online or by calling 311. DCWP enforces NYC’s delivery worker pay requirements, can order back pay and civil penalties, and has authority to investigate both Standard and Alternative Method calculations.
Talk to Lipsky Lowe About Your Unpaid Work Time Claim
Our attorneys understand the pay-method calculations that apps use to keep delivery workers undercompensated. If your work time isn’t adding up in your pay statements, we want to review your records and tell you what you’re owed. Contact us for a free, confidential consultation.
Unpaid Time Questions From NYC Delivery Drivers
Do I get paid for time I spend waiting for a delivery offer?
It depends on which pay method your app uses. Under the Standard Method, your waiting time factors into the app’s aggregate compensation obligation. Under the Alternative Method, you receive a higher per-trip rate, but waiting time is not separately compensated. Compare your pay statements against your logged time to see if you’re being shortchanged.
What is the difference between trip time and on-call time?
Trip time is the active delivery period from the time you accept a trip to the time you complete the drop-off. On-call time is when you’re logged in and available but not on a trip. Both count as work time, though only trip time is individually guaranteed at a set floor under both pay methods.
Do I still get paid for deliveries I completed before I was deactivated?
Yes. An app cannot withhold pay for deliveries you already completed before a deactivation took effect. You are owed that compensation in full, regardless of the reason for the deactivation. If your final pay statement is missing completed trips, document it and contact an attorney.
How do I prove how many hours I actually worked?
Start with your app’s in-app activity log, online status records, and trip-by-trip history. Save screenshots regularly, since apps may limit how far back you can view records. Your weekly pay statements can also help establish a pattern of underpayment across multiple pay periods.