NYC delivery workers filing wage theft claims seek protection from deportation under Trump

Juan Iturbide, a 40-year-old former delivery worker for DoorDash, said the company owes him $1,500 in unpaid wages.

“We're not able to pay the rent or send money to our families in our own countries,” Iturbide said.

Iturbide, who spoke at a protest outside DoorDash's headquarters at 200 Fifth Ave. on Wednesday, was "deactivated" by the company in 2021 after serving as a delivery worker for five years.

Labor organizers representing Iturbide said the Mexican native is one of 95 delivery workers — mostly immigrants without work authorization — collectively pressing claims for more than $78,000 in back wages they say they are owed by DoorDash and Motoclick, another app-based company.

Adding to their grievance, the workers and their advocates say, is the worry that those pressing their claims will expose themselves to deportation under the second administration of President-elect Donald Trump, who has promised mass deportations.

Ligia Guallpa, executive director of the Worker’s Justice Project, said there was "a lot of fear” about the incoming administration among immigrant communities. These fears include the increased threat of workplace raids and mass deportations, according to immigration experts.

Guallpa argued that “if the federal government is going to fail workers, workers are going to need the protection of city and state agencies to hold these multibillion-dollar companies accountable.”

DoorDash spokesperson Eli Scheinholtz said the company takes all concerns related to wages seriously and investigates claims to ensure delivery workers — whom the company refers to as "Dashers" — “receive what they’re owed.”

DoorDash posted $7.8 billion in revenue through the first three quarters of 2024, according to the company's latest financial statement.

“Here’s what we know to be true: Dashers in New York City get paid for the time spent completing work on our platform, in accordance with the city’s minimum pay rules,” Scheinholtz said in a statement. “If their pay does not meet the minimum pay rate at the end of the week, then they receive an adjustment — without exception.”

Motoclick representatives could not be reached for comment.

New York City’s 60,000 app-based delivery workers are considered independent contractors. Although their rights are covered under new wage protections announced by Mayor Eric Adams' administration in April, federal protections are not robust.

The claims pressed by the DoorDash workers have gained the attention of the city's Department of Consumer and Worker Protection.

In a September letter to the U.S. Department of Homeland Security, the Department of Consumer and Worker Protection asked federal officials to exercise “prosecutorial discretion.” The letter was shared by the Worker’s Justice Project.

The letter also called for immigrant workers who have come forward with claims to be granted the legal right to work in the United States and protection from deportation proceedings.

Spokesperson Michael Lanza said in a statement that the Department of Consumer and Worker Protection “is committed to protecting the rights of all workers, regardless of immigration status, and we depend on workers coming forward to hold employers accountable for violating the law.”

“We are currently investigating DoorDash for widespread violation of the city’s law requiring third-party delivery apps to pay workers on time and in full,” Lanza said. “We urge any workers with questions or complaints to reach out to us as soon as possible.”

Wage theft has received added scrutiny from state officials as well. According to the New York State Department of Labor, it has recovered $63.5 million in wages over the last two years.

Spokesperson Christine Buttigieg said that the agency “is dedicated to protecting the rights of all individuals employed” in the state.

"We encourage any worker who believes their rights were violated to file a complaint so their concerns can be evaluated,” Buttigieg said in a statement.

She added that the agency gives priority to complainants who are at risk of deportation and require urgent assistance.

Homeland security officials did not immediately respond to questions about the request for work authorization or expedited action. But earlier this year, outgoing Homeland Security Director Alejandro Mayorkas said the agency would “provide protection” to migrants who are victims of workplace abuse.

“Noncitizen workers should never be afraid to report exploitation in the workplace or fear retaliatory actions from an abusive employer,” Mayorkas said in a statement. “No employer is above the law.”

A spokesperson for Trump did not immediately provide comment.

Shawn Garcia, director of advocacy for the nonprofit Transportation Alternatives, said city officials were obligated to defend the workers, especially in the wake of Trump’s victory. He called Trump “one of the greatest threats to workers and especially immigrant workers here in this country.”

“New York City has taken a lot of pride, has a very strong history of protecting immigrants,” said Garcia. “And we know in the coming months that we're going to be at even more threat with this new presidency.”

Gabriel Montero, a spokesperson for the Worker’s Justice Project, said the organization first reached out to DoorDash on Iturbide's behalf in 2021.

“We never heard back from them,” Montero said.

Regina Flores, a resident of the Flatiron district who learned of the claims while passing by the workers’ rally, became visibly upset when she heard the allegations.

“It makes my heart so sad to watch these people protesting on the street to just be getting equal pay,” Flores, who added that she is a DoorDash customer, said. “It just feels so ridiculous: the inequality.”

This story has been updated to include comment from a New York State Department of Labor spokesperson, and from Flatiron District resident Regina Flores.