Spread of hours is a New York State requirement that entitles employees to an extra hour of pay at the minimum wage when the total span of their workday exceeds 10 hours.
It does not matter how many hours the employee actually worked. What matters is the elapsed time from when they start to when they finish.
How is spread of hours calculated?
The spread of hours is the total time from the start of the first shift to the end of the last shift in a single workday, including any unpaid breaks or gaps between shifts.
If that span is more than 10 hours, the employer owes one additional hour of pay at the applicable New York minimum wage.
Scenario | Spread | Spread of hours pay owed? |
9 am to 6 pm (1-hour unpaid break) | 9 hours | No |
8 am to 7 pm (1-hour unpaid break) | 11 hours | Yes, 1 extra hour |
8 am to 12 pm, then 4 pm to 9 pm | 13 hours | Yes, 1 extra hour |
Which employees are covered by spread of hours?
In New York, it applies to non-exempt employees in most industries. It applies to ALL employees in the hospitality industry, including those earning above the minimum wage.
The rule is codified at 12 NYCRR section 142-2.4 for general workers and under the Hospitality Industry Wage Order for restaurant and hotel workers.
When does spread of hours pay apply?
It applies on any day when the gap between the employee's first and last clock event exceeds 10 hours, even if they worked fewer total hours.
It also applies when split shifts create a long-span workday, such as a morning shift and an evening shift with a gap in between.
How much is the spread of hours premium?
One hour of pay at the New York basic minimum wage. As of 2025, that is $16.50 per hour in New York City, Long Island, and Westchester County, and $15.50 per hour elsewhere in the state.
This premium is in addition to all other wages earned that day.
Does spread of hours apply in other states?
No. It is a New York-specific rule. No other state has an identical requirement, though some have related scheduling or call-in pay protections.
Key Takeaways
Description | |
Definition | An extra hour of minimum wage pay when the workday span exceeds 10 hours |
Where it applies | New York State only (12 NYCRR section 142-2.4) |
Who is covered | Non-exempt employees; all hospitality workers regardless of wage |
Trigger | Total elapsed time from first to last shift exceeds 10 hours |
Amount | One hour at the applicable New York minimum wage |
Frequently Asked Questions
Does spread of hours apply if an employee voluntarily works a split shift?
Yes. The requirement is based on the span of the workday, not whether the split was employer or employee-initiated.
Does the extra hour count toward overtime?
Generally no. Spread of hours pay is an additional obligation separate from overtime calculations in New York.
Can the spread of hours premium be credited against higher wages?
For employees paid above minimum wage, the premium may be offset by the excess of their regular wage over the minimum. This gets complex quickly and is worth verifying with a payroll professional.
Do unpaid meal breaks count toward the 10-hour spread?
Yes. The spread of hours is calculated on elapsed time, so unpaid breaks that occur between the start and end of the workday are included in the span.
