New York A7376: Requires third-party food delivery services and third-party grocery delivery services to provide the ability to include a gratuity at the same point in the online order process when the underlying order is placed

What the bill says

An act to amend the general business law, in relation to the payment of gratuities for orders placed through third-party food delivery services and third-party grocery delivery services.

From the amended text, May 28, 2026:

AN ACT to amend the general business law, in relation to the payment of gratuities for orders placed through third-party food delivery services and third-party grocery delivery services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 391-vv to read as follows: § 391-VV. THIRD-PARTY FOOD DELIVERY GRATUITY CHARGE. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "GRATUITY" MEANS A SUM OF MONEY (I) PAID VOLUNTARILY BY A CUSTOMER WHEN PLACING AN ONLINE ORDER OR AFTER DELIVERY OF SUCH ONLINE ORDER, (II) THAT IS IN ADDITION TO THE PURCHASE PRICE AND OTHER MANDATORY CHARGES SUCH AS TAXES AND FEES, (III) THE AMOUNT OF WHICH THE CUSTOMER MAY CHOOSE, AND (IV) THAT IS REFERRED TO ON THE THIRD-PARTY FOOD DELIVERY PLATFORM AS A GRATUITY, TIP OR OTHER SIMILAR TERM THAT WOULD SUGGEST TO A REASONABLE PERSON THAT THE SUM, OR A SUBSTANTIAL PORTION THEREOF, WOULD BE RECEIVED BY THE WORKER DELIVERING GOODS IN ADDITION TO SUCH WORKER'S BASE WAGE. (B) "THIRD-PARTY FOOD DELIVERY SERVICE" SHALL HAVE THE SAME MEANING AS IN SECTION THREE HUNDRED NINETY-ONE-V OF THIS ARTICLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to …

Read the full official text

Sponsors

• Marcela Mitaynes (D, 51) · primary sponsor
• Forrest, Phara Souffrant (I, 57)
• Zohran Mamdani (D, 36)
• Sarahana Shrestha (D, 103)
• Emily Gallagher (D, 50)
• Grace Lee (D, 65)
• Claire Valdez (D, 37)
• Linda Rosenthal (D, 67)

Latest actions

1. June 3, 2026: RETURNED TO ASSEMBLY
2. June 3, 2026: PASSED SENATE
3. June 3, 2026: 3RD READING CAL.1615
4. June 3, 2026: SUBSTITUTED FOR S4927B
5. June 1, 2026: COMMITTED TO RULES
6. June 1, 2026: RETURNED TO SENATE
7. June 1, 2026: REPASSED ASSEMBLY
8. May 28, 2026: AMENDED ON THIRD READING (T) 7376B
9. May 28, 2026: VOTE RECONSIDERED - RESTORED TO THIRD READING
10. May 28, 2026: RETURNED TO ASSEMBLY

Votes

• Senate Floor Vote (June 3, 2026): 61 yea, 0 nay, passed
• FLOOR Vote (June 3, 2026): 61 yea, 0 nay, passed
• Assembly Floor Vote - Final Passage (June 1, 2026): 138 yea, 0 nay, passed
• Assembly Floor Vote - Final Passage (May 11, 2026): 140 yea, 0 nay, passed
• Assembly Codes Committee: Favorable (May 5, 2026): 18 yea, 0 nay, passed
• Assembly Consumer Affairs And Protection Committee: Favorable refer to committee Codes (April 21, 2026): 16 yea, 0 nay, passed

Common questions

What is A7376?

A7376 is a bill in the New York Legislature (2025-2026 General Assembly): Requires third-party food delivery services and third-party grocery delivery services to provide the ability to include a gratuity at the same point in the online order process when the underlying order is placed.

What does A7376 do?

In its own words: An act to amend the general business law, in relation to the payment of gratuities for orders placed through third-party food delivery services and third-party grocery delivery services.

What is the status of A7376?

Passed both chambers as of June 3, 2026. Latest action: RETURNED TO ASSEMBLY (June 3, 2026).

Who sponsored A7376?

Marcela Mitaynes (D, 51), with 7 co-sponsors.

Where is the official record for A7376?

On the New York Legislature website: https://www.nysenate.gov/legislation/bills/2025/A7376