Spread of Hours Pay
Worked more than 10 hours in a single day in New York? You’re entitled to an extra hour of minimum wage pay.
Get the Pay You Deserve.
New York Labor Law requires that employees who work more than 10 hours in a single workday must receive one additional hour of pay at the minimum wage rate. This is called “spread of hours” pay, and it’s required in addition to your regular wages for the time you actually worked.
The “spread of hours” is calculated from the beginning of your first work activity to the end of your last work activity on the same workday, including any breaks or gaps in between. For example, if you start work at 8:00 AM and finish at 7:00 PM (even if you had a break in the middle), that’s an 11-hour spread, and you’re entitled to a spread of hours pay.
Every hour you work deserves at least minimum wage. We investigate your pay records, how your employer classified you, what deductions were taken, and whether you were paid for all hours worked. Then we pursue recovery of all unpaid minimum wages, liquidated damages (often doubling your recovery), and attorney’s fees.
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common Violations
Frequently reported workplace violations include:
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This is often an overlooked violation that adds up to significant money, especially when calculated over months or years.
We review your case, gather evidence, and build a strong strategy, handling negotiations and, if needed, representing you in court to achieve the best possible outcome for you.
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If your employer spreads your work across long days, make sure you’re getting the extra pay New York law requires. Call to find out more.
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FAQ
Frequently Asked Questions
What is Spread of Hours Pay?
Spread of hours pay is a New York labor law requirement stating that eligible non-exempt employees must receive one extra hour of pay at the basic minimum wage rate for any workday where the total span of time between when they clock in and clock out exceeds 10 hours.
What does NY spread of hours mean?
The "spread of hours" refers to the total time interval between the exact moment an employee begins their workday and the moment they end it. This span includes all working time, meal breaks, and any gaps or time off duty during the day.
How does spread of hours pay differ from overtime pay?
Overtime pay is required when a non-exempt employee works more than 40 hours in a single workweek, and it is paid at 1.5 times their regular hourly rate. Spread of hours pay is a daily premium (one extra hour at minimum wage) triggered when a single workday’s start and end times are more than 10 hours apart, regardless of how many total hours the employee actually worked that day or week.
What is the 4 hour rule in NY?
In New York, the "4 hour rule" generally refers to "Call-in Pay" regulations. If a non-exempt employee reports to work for a scheduled shift and the employer sends them home early, the employer must pay the employee for at least 4 hours of work (or for the total hours of their scheduled shift, if the shift was originally scheduled for less than 4 hours) at the basic minimum wage rate.
How many hours between shifts is legal in NY?
New York state labor law does not have a general requirement mandating a minimum number of hours of rest between shifts for most adult employees. However, certain local laws (like New York City’s Fair Workweek Law for fast food and retail workers) or industry-specific safety regulations (like those for commercial drivers or transit workers) do impose strict minimum rest periods between shifts.
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