Under New York’s spread of hours law, if the time between when you start your workday and when you finish it runs longer than 10 hours, your employer owes you one extra hour of pay at the state minimum wage. For 2026, that premium is $17.00 in New York City, Long Island, and Westchester County, and $16.00 in the rest of the state.1New York State. New York State’s Minimum Wage The clock runs from your first punch-in to your last punch-out, so unpaid meal breaks and gaps between shifts all count toward the 10 hours, even on days you didn’t actually work that long.
How the 10-Hour Spread Is Measured
The spread is not your hours worked. It’s the total interval between the start of your workday and the end of it, and every minute in between counts, whether you’re on the clock, eating lunch, or waiting out a long gap between shifts.2Justia Law. New York Code 12 NYCRR 146-1.6 – Spread of Hours Greater Than 10 in Restaurants and All-Year Hotels
Two examples from the regulation make this concrete. If you work a breakfast shift from 7:00 a.m. to 10:00 a.m., leave, and come back for an evening shift from 7:00 p.m. to 10:00 p.m., you worked six hours but your spread was 15. If you work 11:30 a.m. to 3:00 p.m., take an hour off, then work 4:00 p.m. to 10:00 p.m., that’s nine and a half hours of work but a 10.5-hour spread. Both days trigger the extra pay.3New York State Department of Labor. Part 146 Hospitality Industry Wage Order
Who Is Covered
Two separate wage orders create the spread of hours requirement, and which one applies to you changes what you’re owed.
Hospitality Workers
Employees in restaurants and all-year hotels are covered under 12 NYCRR 146-1.6. This is the broader of the two protections. It applies to every employee in these industries regardless of pay rate, so a line cook at minimum wage and a salaried sous chef earning well above it both receive the extra hour whenever the spread tops 10.2Justia Law. New York Code 12 NYCRR 146-1.6 – Spread of Hours Greater Than 10 in Restaurants and All-Year Hotels The premium cannot be reduced by meal or lodging credits, and it has to appear as a distinct addition to the worker’s pay.3New York State Department of Labor. Part 146 Hospitality Industry Wage Order
Most Other Private-Sector Employees
Everyone else in private-sector work generally falls under the Miscellaneous Industries and Occupations Wage Order, 12 NYCRR Part 142. This order also owes one extra hour at the basic minimum wage when the spread exceeds 10, and it adds a second trigger: a split shift.4Cornell Law School. New York Code 12 NYCRR 142-2.4 – Additional Rate for Split Shift and Spread of Hours
There is a real catch under Part 142. The extra pay can be offset by wages you already earn above minimum wage. Your employer compares your actual daily pay against what you would have earned at minimum wage for all hours worked plus one extra hour at minimum wage. If your real pay already exceeds that number, the obligation is satisfied and you may see no separate line item on your check. The higher your regular rate above minimum wage, the more often that will be the outcome. This offset does not exist for hospitality workers.
How the Extra Pay Is Calculated
On a qualifying day, the employer owes one additional hour of pay at the “basic minimum hourly rate,” which is the New York State minimum wage in effect where you work. As of January 1, 2026, that is $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state.1New York State. New York State’s Minimum Wage
A retail worker in Buffalo clocks in at 8:00 a.m. and clocks out at 7:00 p.m., with an hour-long unpaid lunch. The spread is 11 hours, over the threshold. The worker is owed pay for 10 hours of actual work at their regular rate, plus one hour at $16.00. If their regular rate is $16.00, gross pay for the day is $176.00.
A few things follow from how this works. The extra hour is always paid at the minimum wage rate, not your regular rate, even if you earn more. The payment is the same whether the spread runs 10 hours and one minute or 16 hours. And you earn it each qualifying day, so a worker who crosses the line three days in a week gets three premiums that week.
Split Shifts
Under Part 142, a split shift independently triggers the extra hour even when the total spread doesn’t reach 10 hours. A split shift happens when your employer schedules you for two or more distinct work periods in the same day with significant unpaid time between them.4Cornell Law School. New York Code 12 NYCRR 142-2.4 – Additional Rate for Split Shift and Spread of Hours
If your day involves both a split shift and a spread over 10 hours, you still only get one extra hour of pay, not two. The regulation is explicit that the premium is owed when the spread exceeds 10, when there’s a split shift, or when both happen.5New York State Department of Labor. Part 142 Minimum Wage Order for Miscellaneous Industries and Occupations
How This Interacts With Overtime
The spread of hours premium does not count as time worked. It does not push you closer to the 40-hour overtime threshold, and employers do not include it when calculating your regular rate for overtime.2Justia Law. New York Code 12 NYCRR 146-1.6 – Spread of Hours Greater Than 10 in Restaurants and All-Year Hotels The premium also doesn’t disappear just because you earned overtime the same day. If you worked 12 straight hours, you’re owed overtime pay for the qualifying hours and the spread of hours premium. The two obligations run separately.
Who Is Exempt
Bona fide executive, administrative, and professional employees who meet the salary and duties tests for exemption from minimum wage and overtime are also exempt from spread of hours pay. New York’s own salary thresholds for exempt status are higher than the federal figure and vary by region and employer size, so the state test is usually the one that governs.
Independent contractors are not covered. Misclassification is common in industries where spread of hours issues come up, though. If your employer calls you a contractor but sets your schedule, assigns your shifts, and directs how you do the work, you may actually be an employee entitled to this pay.
What You Can Recover if You’re Not Paid
Unpaid spread of hours premiums are treated like any other wage violation under New York Labor Law. A successful claim recovers the full amount of unpaid wages plus liquidated damages equal to 100% of what was owed, so the employer pays double. The employer also has to cover reasonable attorney’s fees and prejudgment interest. Liquidated damages can be avoided only if the employer proves a good faith basis for believing it was in compliance.6New York State Senate. New York Labor Law Section 198 – Costs, Remedies
The statute of limitations for wage claims in New York is six years.7New York State Senate. New York Labor Law Section 663 – Civil Action You can file a complaint with the New York State Department of Labor at no cost and have the agency investigate on your behalf, or you can bring a private lawsuit.
Keep Your Own Records
Employers are supposed to maintain accurate records of each employee’s start times, end times, and meal periods.8eCFR. Part 785 Hours Worked From your side, the single best thing you can do to protect a future claim is keep your own log of when you start and finish each day. A notebook entry or a screenshot of your schedule is often the piece of evidence that decides a wage case.