New York Spread of Hours & Overtime Calculator
Calculate New York spread-of-hours pay (1 extra hour of pay at basic statutory minimum wage for shifts spanning over 10 hours or split shifts), weekly overtime, and court offset determinations under official NYSDOL wage orders.
New York Spread of Hours & Wage Orders Legal Safeguard
Under 12 NYCRR § 146-1.6 (Hospitality Wage Order), when an employee's elapsed workday span strictly exceeds 10 hours, the employee is entitled to one additional hour of pay at the basic statutory minimum wage. In Hospitality, this premium is owed regardless of regular wage rate with zero employer offset (a split shift alone does not trigger the premium unless the total span exceeds 10 hours). Under 12 NYCRR § 142-2.4 (Miscellaneous Industries), a qualifying split shift triggers the premium regardless of total span, subject to the judicial straight-time offset rule.
Hospitality Establishment Category Unverified: Spread of hours eligibility under 12 NYCRR § 146-1.6 cannot be certified because establishment category (restaurant/all-year hotel vs. exempt resort hotel) is unconfirmed. 3 day(s) had workday spans exceeding 10 hours ($51.00 potential spread pay withheld pending verification).
Hospitality establishment category (restaurant/all-year hotel vs. resort hotel) is unconfirmed. Under 12 NYCRR § 146-1.6(d), resort hotels are exempt from spread pay while restaurants are strictly subject to it. Definitive spread premium is withheld pending establishment selection. Logged 3 day(s) with span > 10h ($51.00 potential premium).
Weekly Pay Component Breakdown
Day-by-Day Qualifying Spread Audit
| Day | Worked | Spread | Qualifies? | Pay |
|---|---|---|---|---|
| Monday | 8h | 11.5h | No | $0.00 |
| Tuesday | 8h | 11h | No | $0.00 |
| Wednesday | 8h | 8.5h | No | $0.00 |
| Thursday | 8h | 8.5h | No | $0.00 |
| Friday | 8h | 10.5h | No | $0.00 |
| Saturday | 0h | 0h | No | $0.00 |
| Sunday | 0h | 0h | No | $0.00 |
- New York Labor Law § 652: Minimum wage schedule ($17.00 Downstate, $16.00 Upstate for 2026–2027; § 652(1-b) off-ramp determination).
- 12 NYCRR § 146-1.6: Hospitality Wage Order spread of hours rule (1 hour of pay at basic min wage strictly when elapsed workday span exceeds 10 hours).
- 12 NYCRR § 142-2.4: Miscellaneous Industries wage order split shift & spread of hours rule.
- 12 NYCRR § 146-1.3 & NYSDOL P717: Tipped service employee weekly tip thresholds ($3.65 Downstate, $3.40 Upstate) and non-tipped 80/20 & 2-hour limits.
- 12 NYCRR § 142-2.2 & § 142-2.14(b): 44-hour overtime threshold for qualifying live-in residential employees residing on employer premises.
- 12 NYCRR Part 141 & Navarro v. Building Service (E.D.N.Y. 2024): Building Service Wage Order CR141 does NOT contain a spread-of-hours premium.
- 12 NYCRR § 146-1.6(d) & § 146-3.1: Resort hotels are legally exempt from spread-of-hours pay, and subject to distinct tip thresholds ($9.00/hr Upstate, $9.55/hr Downstate in 2026 under NYSDOL P717).
New York Spread of Hours & Split Shift: Frequently Asked Questions
Authoritative statutory rules governing the 10-hour spread rule, split shifts, overtime interactions, and the hospitality vs. miscellaneous industry difference.
What is the New York "Spread of Hours" rule?
Under New York State Department of Labor wage orders (12 NYCRR § 146-1.6 for Hospitality and 12 NYCRR § 142-2.4 for Miscellaneous Industries), the "spread of hours" is the interval between the beginning and the end of an employee's workday. It includes working hours, meal intervals, and any off-duty time between split shifts. In Hospitality, whenever this elapsed span strictly exceeds 10 hours on any workday, the employee is entitled to receive one additional hour of pay at the basic statutory minimum wage rate.
Does a split shift alone trigger spread of hours pay in the hospitality industry?
No. Under 12 NYCRR § 146-1.6, restaurants and all-year hotel employers owe spread of hours pay only when the actual clock span exceeds 10 hours. A split shift that begins and ends within a 10-hour span (for example, 11:00 AM to 2:00 PM and 5:00 PM to 8:30 PM, totaling a 9.5-hour span) does not trigger the extra hour. In contrast, under Miscellaneous Industries (12 NYCRR § 142-2.4), a qualifying split shift can trigger the one-hour premium regardless of the 10-hour span.
Does an employer in the hospitality industry have to pay spread of hours to workers earning more than minimum wage?
Yes, absolutely. Under 12 NYCRR § 146-1.6(d) of the Hospitality Industry Wage Order, spread of hours pay is owed to all employees in restaurants and all-year hotels, regardless of their regular wage rate. Even if a cook or line supervisor earns $25 or $30 per hour, they must receive one additional hour of pay at the basic minimum wage ($17.00/hr Downstate in 2026–2027) for every workday where their spread exceeds 10 hours. Zero employer offset is permitted.
How does the rule differ for retail, office, and miscellaneous industries?
Under the Miscellaneous Industries Wage Order (12 NYCRR § 142-2.4) and consistent federal court precedent in the Second Circuit (Espinosa v. Delgado Travel Agency, Inc., 2007 WL 656271; Zheng v. Liberty Apparel Co., 560 F.Supp.2d 276), an employer who pays an hourly wage substantially above the statutory minimum wage can offset spread-of-hours liability if the employee's total straight-time weekly wages already equal or exceed the total statutory minimum wage floor for all hours worked plus the spread-of-hours premium.
Who qualifies for the 44-hour residential overtime threshold?
Under 12 NYCRR § 142-2.2 and 12 NYCRR § 142-2.14(b), the 44-hour weekly overtime threshold applies strictly to residential employees who live on the premises of the employer. Non-live-in employees in residential buildings (such as commuting doormen, porters, cleaners, and superintendents living off-site) are subject to the standard 40-hour weekly overtime threshold.
Can the spread of hours payment be paid at the tipped cash wage rate?
No. Under 12 NYCRR § 146-1.6, the spread of hours premium must be paid at the full basic minimum hourly wage rate ($17.00/hr in Downstate NY, $16.00/hr Upstate in 2026–2027). An employer is strictly prohibited from taking a tip credit against spread-of-hours pay.
Learn More About New York Wage Laws
Read our in-depth educational guide on New York spread of hours rules, split shift exceptions, and court offset doctrines.
Understanding New York Spread of Hours & Wage Orders
Read our comprehensive legal guide covering the 10-hour spread rule, split shift triggers, why hospitality workers get spread pay regardless of hourly wage, how court offsets work in general industries, and how to file a NYSDOL wage claim.