Staying later than normal is common in industries like hospitality, building service and many others. Working long and late can be tiring, so New York law offers some protection to employees through the “spread of hours” rule.
If you work long days, it’s important to understand this rule so you don’t miss out on pay you deserve. Not knowing could mean less money in your pocket.
What you’re entitled to
New York’s “spread of hours” law might give you extra pay if your workday is longer than 10 hours. Here’s what you need to know:
- Extra hour of pay: If your workday, from start to finish, is longer than 10 hours, you get an extra hour of pay at the minimum wage rate.
- Split shifts count: This rule applies even if you have breaks or split shifts during your workday.
- How it’s calculated: The 10 hours are counted from the start of your workday to the end of your workday, including breaks.
- Minimum wage rate: The extra hour is paid at the full minimum wage, even if you normally earn more.
- On top of other pay: This extra hour is in addition to your regular wages and any overtime you earn.
As an example, imagine you work in a restaurant. You start at 10 AM, work until 3 PM, take a two-hour break, and then work again from 5 PM to 9 PM. You’ve worked 7 hours. But your workday lasted 11 hours (from 10 AM to 9 PM). Because your workday was longer than 10 hours, you earned that extra hour of pay at the minimum wage, even though you worked less.
Does it apply to your work situation?
Basically, long days at work can mean extra pay, even if you weren’t working the whole time. To protect your right to receive the correct pay, you should track your start and end times, including breaks, to be sure you’re getting what you’re owed.
If your workday is regularly stretching beyond 10 hours, it’s a good idea to learn more about your rights under New York’s spread of hours law. This extra pay can make a real difference. However, a workday (including breaks) of 10 hours or less does not qualify for this extra pay.