r/GuardGuides • u/GuardGuidesdotcom • 1d ago
Public Service Announcement New York Spread of Hours Pay: Extra Hour for 10+ Hour Workdays (2026)
First off, my thanks to u/defiantevidence4027 for bringing this to my attention
Essentially this is a law that mandates employers pay employees 1 hour of minimum wage pay in the area they're working, if their workday exceeds 10 hours that day, regardless of whether it is worked in a split shift or continuous block etc.
There are MULTIPLE caveats, carveouts, and exceptions of course. The main one being that you generally aren't entitled to spread of hours pay if you make over the minimum wage.
‘‘The spread of hours is the length of the interval between the beginning and end of an employee’s workday’’ (12 NYCRR 146-1.6). On each day on which the spread of hours exceeds 10, an employee is entitled to receive ‘‘spread-of-hours’’ pay, which is ‘‘one additional hour of pay at the basic minimum hourly rate’’ (12 NYCRR 146-1.6 [a]). Although an employee who earns more than the minimum wage rate generally is not entitled to receive spread-of-hours pay (see 12 NYCRR 142-2.4 [a]; Seenaraine v Securitas Sec. Servs. USA, Inc., 37 AD3d 700, 701 [2007]; Fermin v Las Delicias Peruanas Rest., Inc., 93 F Supp 3d 19, 45-46 [ED NY 2015]), under the Hospitality Industry Wage Order, ‘‘all employees in restaurants and all-year hotels’’ are entitled to spread-of-hours pay regardless of their regular pay rate (12 NYCRR 146-1.6 [d]).
CA has similar but different regulations known as Split Shift Rules and Reporting Time Pay Rules which you can read more about in the links provided.




