New York Spread of Hours Pay: Extra Hour for 10+ Hour Workdays (2025)
If you work in New York and your workday spans more than 10 hours from start to finish, you’re entitled to an extra hour of pay at the minimum wage rate. This is called “spread of hours pay,” and it’s a unique New York labor protection that many workers don’t know about.
The spread of hours rule applies even when your total working hours don’t seem excessive. For example, if you work an eight-hour shift with a two-hour unpaid meal break, your workday “spreads” over 10 hours, triggering the additional pay requirement. Despite being mandated by New York State law, spread of hours violations are surprisingly common, with many employers either unaware of the rule or deliberately ignoring it.
This guide explains everything you need to know about New York spread of hours pay, including how to calculate it, when it applies, and what to do if your employer hasn’t been paying you correctly.
What Is Spread of Hours Pay?
Spread of hours pay is an additional compensation requirement under New York labor law found in 12 NYCRR § 142-2.4. When the time between the start and end of your workday exceeds 10 hours, your employer must pay you for one extra hour at the applicable minimum wage rate.
The key to understanding this rule is knowing that “spread of hours” measures the total span of your workday, not just your working time. The clock starts when you begin work and stops when you finish for the day. Everything in between counts toward the spread, including:
- Paid working time
- Unpaid meal breaks
- Short rest breaks
- Any gaps between shifts worked on the same day
This means you can trigger spread of hours pay even if you only work eight hours, as long as the time from your first clock-in to your final clock-out exceeds 10 hours.
The additional hour is paid at the minimum wage rate for your region, not your regular hourly rate. This is important because it means spread of hours pay is the same whether you earn $20 per hour or $50 per hour—it’s based solely on the minimum wage.
How to Calculate Spread of Hours
Calculating spread of hours pay involves three simple steps:
Step 1: Measure the Total Spread
Count the hours from when you start work to when you finish work. Include all time in between, whether you’re working or on a break.
Step 2: Determine If You Exceed 10 Hours
If the spread is more than 10 hours, you’re entitled to the extra hour of pay. If it’s exactly 10 hours or less, no additional pay is required.
Step 3: Apply the Correct Minimum Wage Rate
Use the minimum wage rate for your region as of 2025:
- New York City, Long Island, and Westchester: $16.50 per hour
- Rest of New York State: $15.50 per hour
Let’s say you work in Manhattan and your shift runs from 8:00 AM to 7:00 PM (11 hours total spread). You worked eight hours with a one-hour lunch break. Your spread of hours calculation would be:
- Total spread: 11 hours (exceeds 10-hour threshold)
- Additional pay owed: $16.50 (one hour at NYC minimum wage)
This $16.50 is added to your regular wages for that day, regardless of what your normal hourly rate is.
Examples: When Spread of Hours Pay Is Owed
Understanding spread of hours pay becomes clearer with real-world examples. Here are five common scenarios where this additional pay applies:
Example 1: Long Shift with Meal Break
Maria works as a receptionist in Buffalo. Her shift runs from 9:00 AM to 7:30 PM. She works eight hours with a 30-minute paid break and one hour unpaid lunch.
- Start time: 9:00 AM
- End time: 7:30 PM
- Total spread: 10.5 hours
- Spread of hours pay owed: $15.50 (Rest of NY rate)
Even though Maria only worked 8.5 hours, the 10.5-hour spread triggers the additional payment.
Example 2: Split Shift
James works at a restaurant in Queens. He works the breakfast shift from 7:00 AM to 11:00 AM, goes home, then returns for the dinner shift from 5:00 PM to 9:00 PM.
- First shift start: 7:00 AM
- Second shift end: 9:00 PM
- Total spread: 14 hours
- Spread of hours pay owed: $16.50 (NYC rate)
The long gap between shifts doesn’t matter. The spread from first clock-in to last clock-out is what counts.
Example 3: Early Start, Late Finish
Keisha works retail in Syracuse. She opens the store at 6:00 AM, works until 2:00 PM, takes a two-hour break, then covers the evening from 4:00 PM to 6:00 PM.
- Start time: 6:00 AM
- End time: 6:00 PM
- Total spread: 12 hours
- Spread of hours pay owed: $15.50 (Rest of NY rate)
Despite working only 10 actual hours, the 12-hour spread entitles Keisha to the extra hour.
Example 4: Just Over the Threshold
Carlos works as a security guard in White Plains. His shift runs from 8:00 AM to 6:15 PM with a one-hour lunch.
- Start time: 8:00 AM
- End time: 6:15 PM
- Total spread: 10 hours, 15 minutes
- Spread of hours pay owed: $16.50 (Westchester rate)
Even 15 minutes over the 10-hour mark triggers the full extra hour of pay.
Example 5: Exactly 10 Hours (No Additional Pay)
Jennifer works in Rochester from 9:00 AM to 7:00 PM with two hours of unpaid breaks, working exactly eight hours.
- Start time: 9:00 AM
- End time: 7:00 PM
- Total spread: 10 hours exactly
- Spread of hours pay owed: $0
Since the spread is exactly 10 hours (not more than 10 hours), no additional pay is required.
Spread of Hours vs Overtime: You May Get Both
Many workers confuse spread of hours pay with overtime, but these are completely separate wage protections. You can be entitled to both on the same day, and understanding the difference ensures you receive all the pay you’re owed.
Overtime Pay applies when you work more than 40 hours in a workweek. You receive 1.5 times your regular hourly rate for those extra hours. Overtime is calculated weekly and based on actual working time.
Spread of Hours Pay applies when your workday spans more than 10 hours from start to finish. You receive one additional hour at minimum wage. Spread of hours is calculated daily and based on the time span, not working hours.
Here’s how both can apply simultaneously:
Example: Double Entitlement
Marcus works in Brooklyn and already has 38 hours this week. On Friday, he works from 7:00 AM to 6:30 PM with a 90-minute lunch break (total spread: 11.5 hours, actual work: 10 hours).
His regular rate is $22 per hour.
For this Friday:
- Regular pay: 8 hours × $22 = $176
- Overtime pay: 2 hours × $33 (1.5 × $22) = $66
- Spread of hours pay: 1 hour × $16.50 = $16.50
- Total for the day: $258.50
Weekly totals:
- Total hours worked: 48 hours (including Friday’s 10 hours)
- Overtime hours: 8 hours over 40 = 8 × $33 = $264
- Regular hours: 40 × $22 = $880
- Spread of hours: $16.50 (for Friday only)
- Total weekly pay: $1,160.50
The spread of hours payment is separate from and in addition to any overtime you’ve earned. Never let an employer tell you that overtime “covers” spread of hours—you’re entitled to both when applicable.
Which Employees Are Covered?
Most non-exempt employees in New York are covered by the spread of hours rule, but there are some important exceptions and special considerations.
Covered Employees:
- Retail workers
- Restaurant and hospitality staff
- Office workers
- Healthcare workers
- Security guards
- Manufacturing employees
- Most hourly workers
Exempt Categories:
Certain workers are not entitled to spread of hours pay, including:
- Farm laborers (covered by different agricultural wage orders)
- Live-in domestic workers
- Employees in certain nonprofit organizations
- Professional employees (doctors, lawyers, teachers meeting specific criteria)
- Executive and administrative employees meeting the “white collar” exemption tests
Important Note on Exemptions:
Just because your employer calls you a “manager” or pays you a salary doesn’t automatically exempt you from spread of hours pay. New York has strict tests for exemptions, including minimum salary thresholds and actual job duties requirements.
If you’re paid hourly or earn less than $1,124.20 per week (as of 2025), you’re very likely covered by spread of hours protections regardless of your job title.
Industry-Specific Applications:
Some industries see spread of hours violations more frequently:
- Healthcare: Nurses and aides working 12-hour shifts often qualify
- Retail: Workers with early opening and late closing shifts
- Restaurants: Front-of-house staff working split shifts
- Security: Guards with extended shifts spanning building hours
- Transportation: Drivers with long routes including breaks
If you work in any of these sectors and regularly have workdays exceeding 10 hours from start to finish, review your pay stubs carefully to ensure you’re receiving spread of hours pay.
Common Employer Violations
Despite being a clear requirement under New York law, spread of hours violations are widespread. Here are the most common ways employers fail to comply:
1. Not Paying Spread of Hours at All
The most frequent violation is simply ignoring the requirement entirely. Many employers—especially smaller businesses—are unaware that spread of hours pay exists or mistakenly believe it only applies to certain industries.
2. Miscalculating the 10-Hour Period
Some employers incorrectly calculate spread of hours by counting only working time and excluding meal breaks. Remember: the spread includes all time from first clock-in to final clock-out, including unpaid breaks.
3. Using the Wrong Minimum Wage Rate
Employers sometimes use outdated minimum wage rates or apply the wrong regional rate. As of 2025, you must use $16.50 in NYC, Long Island, and Westchester, and $15.50 in the rest of New York.
4. Claiming “Overtime Covers It”
Some employers argue that if you’re already receiving overtime pay, they don’t need to pay spread of hours. This is incorrect—these are separate entitlements, and you can receive both.
5. Applying Spread of Hours to Salary Instead of Adding It
A few employers try to claim your salary already “includes” spread of hours pay. This is not permitted. Spread of hours must be paid as an additional, separately identifiable amount.
6. Counting Only One Shift on Split-Shift Days
When employees work split shifts (morning and evening with a long break), some employers calculate spread separately for each shift rather than measuring from the start of the first shift to the end of the last shift.
7. Failing to Track Spread of Hours
Many payroll systems don’t automatically calculate spread of hours, and employers fail to manually review timecards to identify when it’s owed. This passive violation can result in years of unpaid wages.
What Rate of Pay Applies?
Understanding which pay rate to use for spread of hours is straightforward but important for ensuring you receive the correct amount.
The Base Rule: Minimum Wage
Spread of hours pay is always calculated using the applicable minimum wage rate, not your regular hourly rate. This means:
- If you earn $25 per hour in Manhattan, your spread of hours pay is still $16.50
- If you earn $18 per hour in Albany, your spread of hours pay is still $15.50
Regional Rates for 2025:
New York has different minimum wage rates by region:
Higher Rate Regions ($16.50/hour):
- New York City (all five boroughs)
- Nassau County
- Suffolk County
- Westchester County
Standard Rate Regions ($15.50/hour):
- All other counties in New York State
Your spread of hours rate is determined by where you physically work, not where your employer is based or where you live.
Special Consideration: Tipped Employees
If you’re a tipped employee (server, bartender, delivery driver), you might receive a lower cash wage with a tip credit. However, for spread of hours purposes, you’re entitled to the full minimum wage, not the reduced tipped minimum wage.
For example, a server in Manhattan might receive a cash wage of $11.00 per hour (with a $5.50 tip credit). But when spread of hours pay is owed, the employer must pay the full $16.50 minimum wage for that additional hour—they cannot take the tip credit.
Rate Changes and Adjustments
Minimum wage rates in New York are periodically adjusted. Always use the rate that’s in effect on the day you worked. If minimum wage increases mid-year, spread of hours pay owed after the increase date uses the new rate.
Your employer should clearly identify spread of hours payments on your pay stub as a separate line item so you can verify the correct rate was applied.
Spread of Hours for Multiple Shifts in One Day
Split shifts—where you work multiple separate shifts in a single day with significant time off in between—are particularly common in restaurants, retail, and healthcare. Understanding how spread of hours applies to split shifts is crucial because these scenarios frequently trigger the additional pay requirement.
How Split Shifts Are Measured
When calculating spread of hours for split shifts, you measure from the start of your first shift to the end of your last shift on the same calendar day. All time between counts toward the spread, including:
- Your first work period
- The gap between shifts (even if it’s several hours)
- Your second work period
- Any additional shifts that day
Split Shift Example:
Taylor works at a diner in Rochester:
- Morning shift: 6:00 AM to 10:00 AM (4 hours worked)
- Off period: 10:00 AM to 5:00 PM (7 hours off)
- Evening shift: 5:00 PM to 9:00 PM (4 hours worked)
Calculation:
- Total hours worked: 8 hours
- Spread of hours: 6:00 AM to 9:00 PM = 15 hours
- Spread of hours pay owed: $15.50
Even though Taylor had seven hours off and only worked eight hours total, the 15-hour spread triggers the additional payment.
Multiple Short Shifts
The same principle applies if you work three or more short shifts in one day:
Example:
Alex works security in Syracuse with three check-in shifts:
- First shift: 6:00 AM to 8:00 AM
- Second shift: 12:00 PM to 2:00 PM
- Third shift: 6:00 PM to 8:00 PM
Calculation:
- Total hours worked: 6 hours
- Spread of hours: 6:00 AM to 8:00 PM = 14 hours
- Spread of hours pay owed: $15.50
Important Limitation: One Calendar Day
Spread of hours is calculated within a single calendar day (midnight to midnight). If you work a late shift that crosses midnight into the next day, you calculate spread separately for each calendar day.
Midnight-Crossing Example:
Jordan works from 6:00 PM on Monday until 2:00 AM on Tuesday (8-hour shift).
- Monday spread: 6:00 PM to 11:59 PM = 5 hours 59 minutes (no spread of hours pay)
- Tuesday spread: 12:00 AM to 2:00 AM = 2 hours (no spread of hours pay)
Even though Jordan worked an 8-hour shift, because it crossed midnight, neither calendar day exceeded 10 hours of spread, so no additional pay is owed.
How to Claim Unpaid Spread of Hours Pay
If you discover your employer hasn’t been paying you spread of hours wages, you have strong legal protections and multiple options for recovering what you’re owed.
Step 1: Document Your Hours
Gather evidence showing when your workdays exceeded 10 hours:
- Time cards or time clock records
- Schedules showing shift start and end times
- Pay stubs (which may reveal the missing payments)
- Personal records or calendars noting your work hours
Even if you don’t have perfect records, New York law places the burden on employers to maintain accurate time records. If your employer cannot produce records, the law may favor your recollection of hours worked.
Step 2: Calculate What You’re Owed
For each day your spread exceeded 10 hours, you’re owed one hour at minimum wage. Calculate this going back as far as possible:
Example Calculation:
You worked in Queens for two years, and your spread exceeded 10 hours an average of three days per week:
- Days owed: 3 days/week × 104 weeks = 312 days
- Amount per day: $16.50
- Total owed: 312 × $16.50 = $5,148
Step 3: Raise the Issue Internally (Optional)
You can bring the issue to your employer’s attention directly, though this is optional. Some employers will correct the problem once aware of it. However, be cautious—some employers may retaliate, which is illegal but still happens.
Step 4: File a Complaint with the New York Department of Labor
The most common route is filing a wage claim with the NYDOL:
- File online at: dol.ny.gov
- By phone: 888-469-7365
- In person at any NYDOL office
The NYDOL will investigate your claim at no cost to you. They can order your employer to pay back wages plus penalties.
Step 5: Consider Legal Action
You can also file a lawsuit in court for unpaid spread of hours. Benefits of the legal route include:
- Six-year statute of limitations: You can claim unpaid wages going back six years (versus three years with NYDOL)
- Liquidated damages: You may receive double the amount owed (100% penalty)
- Attorney’s fees: If you win, your employer pays your legal costs
Many employment lawyers handle wage claims on contingency (no upfront cost to you).
Important Protections:
New York law prohibits retaliation for asserting your wage rights. If your employer fires, demotes, or punishes you for claiming spread of hours pay, that’s an additional violation you can pursue.
Time Limits:
- NYDOL claims: Must file within three years of the violation
- Court lawsuits: Must file within six years of the violation
The longer you wait, the less you can recover. If you believe you’re owed spread of hours pay, act sooner rather than later.
Potential Recovery:
In addition to unpaid spread of hours wages, you may be entitled to:
- Liquidated damages (doubling your recovery)
- Interest on unpaid wages
- Attorney’s fees and court costs
- Compensation for retaliation if applicable
For many workers who’ve gone years without proper spread of hours pay, the total recovery can be substantial—often several thousand dollars or more.
Frequently Asked Questions
Does my employer have to pay me spread of hours if I agree to waive it?
No. You cannot waive your right to spread of hours pay, even if you agree in writing. New York wage laws establish minimum standards that cannot be bargained away. Any agreement to waive spread of hours pay is void and unenforceable.
Can I receive spread of hours pay if I’m a salaried employee?
It depends. If you’re a non-exempt salaried employee (meaning you’re still entitled to overtime), you’re also covered by spread of hours rules. However, if you meet the requirements for exempt status (executive, administrative, or professional exemptions with a salary above the threshold), spread of hours doesn’t apply.
What if my workday is exactly 10 hours—do I get the extra hour?
No. The spread must exceed 10 hours. If your workday is exactly 10 hours from start to finish, no additional pay is required. Even one minute over 10 hours, however, triggers the full hour of additional pay.
Does spread of hours apply to remote workers?
Yes, if you work remotely from a location in New York State. The protection is based on where the work is performed, not where the employer is located. If you live and work in New York, spread of hours rules apply to you.
Can my employer reduce my regular pay to offset spread of hours?
Absolutely not. Spread of hours pay must be in addition to your regular wages. Any reduction in your regular pay, commission structure, or other compensation to offset spread of hours would be illegal.
How do I know if spread of hours is being paid on my paycheck?
Look for a separate line item on your pay stub labeled “spread of hours,” “spread pay,” or similar language. It should show as one hour at the applicable minimum wage rate for any day your spread exceeded 10 hours. If you don’t see this on days when your spread exceeded 10 hours, you’re likely not being paid correctly.
What if I work through my lunch break—does that change the spread calculation?
No. Spread of hours measures the time span from start to finish, regardless of whether you took your breaks. If your schedule shows a lunch break from 12:00 PM to 1:00 PM but you worked through it, the spread still includes that hour. (You would, however, have a separate claim for unpaid working time during the lunch period.)
Take Action If You’re Missing Spread of Hours Pay
Spread of hours pay is a valuable protection for New York workers with long workdays. For many employees working split shifts or extended schedules, this can add up to thousands of dollars per year in additional compensation.
If you regularly work days where the time from your first clock-in to your last clock-out exceeds 10 hours, check your pay stubs carefully. If you don’t see spread of hours payments, you may have a wage claim worth pursuing.
New York’s six-year statute of limitations for wage claims means you can potentially recover years of unpaid spread of hours wages. Combined with liquidated damages that can double your recovery, the total amount owed could be substantial.
If you believe your employer owes you spread of hours pay, consider speaking with an employment attorney who can review your situation and explain your options. Many wage and hour lawyers offer free consultations and work on contingency, meaning you pay nothing unless you recover wages.
Your right to spread of hours pay is protected by law. Don’t leave money on the table—take action to claim what you’ve earned.
Legal Disclaimer: This article provides general information about New York spread of hours pay laws and should not be considered legal advice. Wage and hour laws are complex and fact-specific. For guidance about your particular situation, consult with a qualified employment attorney licensed in New York. Nothing in this article creates an attorney-client relationship.