US-New YorkWhat spread-of-hours pay am I entitled to in New York?
In New York, if your workday spans more than 10 hours (from first to last hour worked), you’re entitled to an extra $1.00 per hour for each hour in that spread — unless you already earn at least $1.00 more per hour than the minimum wage.
What the Law Says
New York law requires employers to pay additional wages when an employee’s ‘spread of hours’ exceeds 10 hours in a single day — even if the employee doesn’t work continuously or doesn’t work overtime.
The ‘spread of hours’ is the total time between the start of the first work period and the end of the last work period in a day — including meal breaks and off-duty time. For example, if you start at 7 a.m., take a lunch break, and finish at 8 p.m., your spread is 13 hours — even if you only worked 8 hours.
This rule applies to most non-exempt employees covered by the New York Labor Law, including those in hospitality, retail, and building service industries. It does not apply to executives, professionals, or administrative employees exempt under federal or state law.
The extra pay is $1.00 per hour for each hour beyond 10 in the spread — but only if your regular hourly wage is *less than* $1.00 above the applicable minimum wage. If you already earn at least $1.00 more than minimum wage, no additional spread pay is due.
Statutory TextAn employer shall pay an employee one dollar ($1.00) for each hour of the spread of hours that exceeds ten hours.
— NY Labor Law § 190(1)(a) — Definitions; spread of hours
Statutory TextThe spread of hours is the total time between the beginning and end of an employee’s workday, including all time spent on duty, off duty, and meal periods.
— 12 NYCRR § 142-2.3 — Spread of hours
What Courts Have Said
Courts have clarified how spread-of-hours rules apply — especially regarding scheduling, industry coverage, and wage offsets.
Held that spread-of-hours pay applies even when an employee works split shifts with long breaks — the spread is measured from first clock-in to last clock-out, regardless of gaps.
Confirmed that spread-of-hours pay is a separate statutory obligation — not offset by tips, bonuses, or other wage payments unless expressly permitted by regulation.
What to Do
Track your daily start and end times — including breaks — to calculate your spread of hours.
If your spread exceeds 10 hours and your hourly wage is less than $1.00 above NY’s current minimum wage, check your paystub for the $1.00/hr spread premium.
If missing, ask your employer in writing for correction — cite NY Labor Law § 190 and 12 NYCRR § 142-2.3.
File a wage claim with the NYS Department of Labor within 6 years if unpaid (or 2 years for willful violations).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.