Understanding Spread Of Hours: Who Does The Law Affect?

The New York Spread of Hours law is a state law that applies to non-exempt employees in the hospitality industry, such as those working in hotels, restaurants, and bars. Under this law, employers are required to pay an extra hour's worth of minimum wage compensation if an employee's total workday is more than 10 hours long. This includes meal and rest periods and, for those working split shifts, the time in between their shifts. The law is intended to compensate employees for the actual amount of time they are on the job and to prevent employers from taking advantage of their employees by incentivizing them to limit excessive hours.

Non-exempt employees

In the state of New York, the spread of hours law applies to non-exempt employees. This means that if a non-exempt employee's total workday exceeds ten hours, they are entitled to an additional hour of pay at the basic minimum hourly rate for the particular city or jurisdiction within New York. This law applies to both hourly and salaried non-exempt employees.

The ten-hour workday includes meal and rest periods, as well as the time in between shifts for those working a split shift. For example, if a non-exempt employee works from 9 am to 10 am and then returns to work from 7 pm to 9 pm, they would be owed four hours of pay, including the additional hour at minimum wage. It is important to note that meals and break times must be included in the spread of hours count. Therefore, if an employee works from 9 am to 2 pm, takes an hour-long lunch break, and then returns to work from 5 pm to 7:01 pm, they are still entitled to an additional hour of pay at the minimum wage rate because their total workday exceeds ten hours.

The spread of hours law is intended to compensate employees for the actual amount of time they are on the job and to incentivize employers to reduce excessive hours. It is separate from overtime pay and is not considered payment for time worked. The law applies to small business owners in the service industry, including the hospitality industry, such as restaurants and hotels.

There are some employees who are exempt from the spread of hours law. Generally, an employee is considered exempt if they are salaried, perform executive duties, or work in a learned profession. To be exempt, an employee must typically be paid a minimum salary and perform job duties considered exempt. Executive duties include regularly supervising two or more employees, management as a primary duty, and having the authority to hire, fire, and promote. Learned professions are those that require extensive training, such as law, medicine, and dentistry.

Hospitality industry workers

Working in the hospitality industry often means working long and unsociable hours, and employees can be taken advantage of as a result. This is why New York state's Hospitality Industry Wage Order includes the "spread of hours" rule.

The spread of hours rule applies to non-exempt employees in the hospitality industry, such as those working in restaurants and hotels. Under the rule, employees are entitled to receive an additional hour of pay at the basic minimum hourly rate if their total workday exceeds ten hours. This includes meal and rest periods and, for those working a split shift, the time in between shifts.

For example, if a waiter in New York City works a double shift from 11:00 am to 2:00 pm, and then from 5:00 pm to 10:00 pm, they are entitled to eight hours of pay for the shifts worked, plus one extra hour of pay at the basic minimum wage rate, because the start-to-finish time of the workday exceeded ten hours.

It's important to note that spread-of-hours pay is not the same as overtime pay and doesn't count towards it. It is also separate from any meal or lodging credits an employee might receive.

Hourly employees

In the state of New York, the spread of hours law applies to hourly, non-exempt employees in the service industry. This includes workers in the hospitality industry, such as those employed in hotels, restaurants, and bars.

The spread of hours law states that employers must pay an additional hour's worth of compensation at the minimum wage rate if an employee's total workday exceeds ten hours. This includes time spent on meal breaks, rest periods, and time between shifts. For example, if an employee works from 9 am to 10 am and then returns to work from 7 pm to 9 pm, they are owed four hours of pay, including the additional hour at minimum wage.

It is important to note that spread of hours pay is separate from overtime pay and is intended to compensate employees for the time they are required to remain work-ready, even if they are not working. This law aims to prevent employers from taking advantage of their employees by incentivizing them to limit excessive hours and provide additional compensation for long workdays.

The spread of hours law can be challenging for employers to navigate, especially when combined with other wage and hour laws, such as minimum wage requirements and overtime rules. To ensure compliance, employers can utilize time-tracking technologies and consult with HR professionals to understand their obligations and create appropriate policies.

Employees with long shifts

Employees in New York who work long shifts are protected by the state's "spread of hours" rule. This rule is part of the Hospitality Industry Wage Order and applies to non-exempt employees in the hospitality industry, such as those working in restaurants and hotels.

Under this rule, employees are entitled to an additional hour of pay at the basic minimum hourly rate if their total workday exceeds ten hours. This includes meal and rest periods and, for those working split shifts, the time in between their shifts. For example, an employee who works from 9 am to 10 am and then from 7 pm to 9 pm would be owed four hours of pay, or a minimum of $52 if the minimum wage is $13 per hour.

It's important to note that the "spread of hours" rule is not the same as overtime pay and doesn't count toward overtime. Instead, it's intended to compensate employees for the actual amount of time they are on duty and to incentivize employers to reduce excessive hours.

The "spread of hours" rule can be challenging for employers to navigate, especially when combined with other wage and hour laws, such as minimum wage requirements and overtime rules. To ensure compliance, employers can utilize industry-leading time-tracking technologies or online timesheet apps that automatically track hours worked, breaks, and overtime.

It's also worth noting that New York is currently the only state that requires a "spread of hours" payment for longer workdays. However, other states may have unique wage and hour laws that employers should be aware of.

Employees with multiple shifts

Employees in New York State who work multiple shifts are entitled to an additional hour of pay at the minimum wage rate if their total workday exceeds ten hours. This includes time spent on meal breaks and off-duty hours between shifts. For example, an employee who works from 9 am to 10 am and then again from 7 pm to 9 pm would be owed four hours of pay, including the additional hour at minimum wage.

The "spread of hours" rule is intended to compensate employees for the actual amount of time they are on the job and to incentivize employers to limit excessive hours. It is important to note that this rule is separate from overtime pay and does not count toward overtime. The spread of hours pay also cannot be compensated by meal or lodging credits and must be included in the employee's regular pay.

The New York State Spread of Hours law applies to non-exempt employees in the hospitality industry, including restaurants and hotels, as well as small business owners in the service industry. Exempt employees typically include those who are salaried and perform executive duties, such as supervising other employees, management, and hiring and firing.

It is beneficial for employers to use time-tracking technologies to ensure they are properly compensating their employees and remaining compliant with the Spread of Hours law.

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