✅ Accurately calculates NY spread of hours pay using current 2026 minimum wage rates.
📋 Referenced from 12 NYCRR § 142-2.4 (§ 146-1.6 for hospitality) and NY Labor Law § 198(3).
🔒 100% private — no data is stored or shared. All calculations happen in your browser.
📅 Rates effective January 1, 2026. Updated to reflect the current NYSDOL wage order.
| Metric | Your Value | Explanation |
|---|---|---|
| Total Spread Duration | — | Time from start to end of workday |
| 10-Hour Threshold Check | — | Must exceed 10 hours |
| Region Minimum Wage | — | Current 2026 rate for your area |
| Spread of Hours Premium | — | 1 hour × minimum wage rate |
| Hours Actually Worked | — | Time on the clock minus unpaid breaks |
| Regular Daily Pay | — | Hours worked × regular rate |
| Total Daily Pay | — | Regular pay + premium |
Spread of hours pay is a New York labor law requirement that gives non-exempt employees an extra hour of minimum wage when their workday spans more than 10 hours. The rule applies regardless of how many hours are actually worked — it's based on the total time from the start to the end of the day, including breaks, meal periods, and off-duty intervals.
The New York wage orders define "spread of hours" as "the interval between the beginning and end of an employee's workday", including "working time plus time off for meals plus intervals off duty" (12 NYCRR § 142-2.4, with the definition set out in 12 NYCRR § 142-3.16).
The legal basis comes from 12 NYCRR § 142-2.4 (miscellaneous industries) and 12 NYCRR § 146-1.6 (hospitality industry), which require employers to pay a "spread of hours" premium when an employee's workday exceeds 10 hours. This is separate from overtime and applies even if the employee worked fewer than 8 hours.
The premium equals one hour of the applicable minimum wage rate — not the employee's regular hourly rate. As of January 1, 2026, that's $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of New York State. The rule is designed to compensate employees for the burden of long workdays that include unpaid breaks or time between shifts.
Calculate the time from when you start your workday to when you end it. For example, if you clock in at 9:00 AM and clock out at 8:00 PM, your spread is 11 hours. Include every minute of the workday — meal breaks, rest periods, and any gap between split shifts all count toward the total spread. Do not subtract break time from the spread.
If your total spread is greater than 10 hours, you qualify for spread of hours pay. If your spread is exactly 10 hours, you do not qualify — the threshold must be exceeded. A 10.5-hour spread qualifies. A 10-hour spread does not.
Multiply one hour by the current minimum wage rate for your region in New York State. Effective January 1, 2026, the rates are:
The result is your spread of hours premium for that day.
The premium is added to your regular daily wages. It is paid in addition to your regular hourly wages, overtime, and any other premiums you may be owed. It does not replace or reduce your regular pay.
Spread of hours pay applies to most non-exempt employees working in New York State, but the eligibility rules differ by industry. Exempt employees (executives, administrators, professionals) are not covered under either wage order.
Hospitality industry (restaurants and all-year hotels) — 12 NYCRR § 146-1.6:
Covered employees are owed the extra hour of pay whenever their spread exceeds 10 hours, regardless
of their regular rate of pay. A line cook earning well above minimum wage still receives the
same flat premium as a dishwasher earning the cash minimum.
Miscellaneous industries (retail and most other non-hospitality workplaces) — 12
NYCRR § 142-2.4:
Non-exempt employees are covered, but NYSDOL applies a wage offset: if an employee's total weekly wages
already equal or exceed the minimum-wage floor for that week (regular hours + overtime hours + the spread
hour, each valued at the applicable minimum wage), no additional spread-of-hours payment is owed. In
practice, this offset means the premium mainly benefits minimum-wage and near-minimum-wage workers outside
of hospitality.
Eligible employee categories generally include:
Who is exempt:
Tipped employees are eligible for spread of hours pay. The premium is calculated using the applicable minimum wage rate ($17.00 or $16.00), not the tipped cash wage. This means a tipped worker in NYC would still receive the full $17.00 spread of hours premium if their spread exceeds 10 hours (subject to the hospitality/offset distinction above).
Employees who work split shifts are often eligible for spread of hours pay because the total spread often exceeds 10 hours. The gap between the two shifts counts toward the spread. For example, a worker who starts at 11:30 AM, ends at 4:00 PM, starts again at 5:30 PM, and ends at 10:00 PM has a 10.5-hour spread — which triggers the premium if the offset (where applicable) doesn't apply.
The most common mistake in spread of hours calculations is misunderstanding what counts toward the total spread. Many employees and employers incorrectly subtract break time — but under New York law, meal breaks and rest periods count toward the spread, even when unpaid.
The total spread is the calendar time from the first minute of the workday to the last minute. It includes everything in between, whether you're actively working or not.
✅ What counts toward spread:
❌ What does not count:
Seeing real examples helps clarify when spread of hours pay applies. Figures below use current 2026 minimum wage rates ($17.00 NYC/LI/Westchester, $16.00 rest of state) and assume no wage offset applies (e.g., a hospitality employee, or a non-hospitality employee whose weekly pay is below the offset floor).
Example 1: Standard Long Day (NYC)
— Shift: 9:00 AM to 8:00 PM (11-hour spread)
— Hours worked: 10 hours (1-hour unpaid lunch)
— Region: New York City ($17.00/hr)
— Threshold Check: 11 > 10 → EXCEEDED
— Premium: 1 × $17.00 = $17.00
— Regular pay: 10 hours × $18.00/hr = $180.00
— Total daily pay: $180.00 + $17.00 = $197.00
— Result: Premium owed
Example 2: Split Shift (Rest of NY)
— Shift: 11:30 AM to 4:00 PM, 5:30 PM to 10:00 PM (10.5-hour spread)
— Hours worked: 9 hours (sum of both segments; the 1.5-hour gap between shifts is unpaid and excluded)
— Region: Rest of New York State ($16.00/hr)
— Threshold Check: 10.5 > 10 → EXCEEDED
— Premium: 1 × $16.00 = $16.00
— Regular pay: 9 hours × $16.50/hr = $148.50
— Total daily pay: $148.50 + $16.00 = $164.50
— Result: Premium owed (the gap between shifts counts toward spread but not toward hours worked)
Example 3: Just Under 10 Hours (No Premium)
— Shift: 8:00 AM to 5:30 PM (9.5-hour spread)
— Hours worked: 8.5 hours (1-hour unpaid lunch)
— Region: New York City ($17.00/hr)
— Threshold Check: 9.5 NOT > 10 → NOT EXCEEDED
— Premium: $0.00
— Regular pay: 8.5 hours × $18.00/hr = $153.00
— Total daily pay: $153.00 + $0.00 = $153.00
— Result: No premium owed (just under the threshold)
Example 4: Overnight Shift (NYC)
— Shift: 10:00 PM to 9:00 AM next day (11-hour spread)
— Hours worked: 10 hours (1-hour unpaid lunch)
— Region: New York City ($17.00/hr)
— Threshold Check: 11 > 10 → EXCEEDED
— Premium: 1 × $17.00 = $17.00
— Regular pay: 10 hours × $18.00/hr = $180.00
— Total daily pay: $180.00 + $17.00 = $197.00
— Result: Premium owed (overnight shifts count toward spread)
Example 5: Consecutive Days (NYC)
— Day 1: 9:00 AM to 8:00 PM (11-hour spread) → Premium: $17.00
— Day 2: 10:00 AM to 9:00 PM (11-hour spread) → Premium: $17.00
— Total premium for 2 days: $34.00
— Regular pay for 2 days: 10 hours × $18.00/hr × 2 = $360.00
— Total pay for 2 days: $360.00 + $34.00 = $394.00
— Result: Premium owed for both days (each day evaluated separately)
| Feature | Spread of Hours | Overtime | Split Shift |
|---|---|---|---|
| Trigger | 10+ hour spread per day | 40+ hours per week | Split with >1hr gap |
| Rate | 1x minimum wage | 1.5x regular rate | Difference calculation |
| Who qualifies | Non-exempt | Non-exempt | Non-exempt |
| Can you get both? | Yes, with overtime | Yes, with spread | Yes, with spread |
New York employees often confuse spread of hours pay with overtime or split shift premiums. While these concepts overlap, they have different triggers, rates, and rules. Understanding the differences helps you know exactly what you're owed.
| Feature | Spread of Hours | Overtime | Split Shift |
|---|---|---|---|
| Trigger | 10+ hour spread per day | 40+ hours per week | Split shift with >1hr gap between segments |
| Rate | 1x minimum wage (region-specific) | 1.5x regular hourly rate | Additional pay based on minimum wage |
| Who qualifies | Non-exempt employees | Non-exempt employees | Non-exempt employees |
| Can you get both? | Yes, with overtime | Yes, with spread | Yes, with spread |
| Legal basis | 12 NYCRR § 142-2.4 / § 146-1.6 | FLSA + NY Labor Law | NY Labor Law |
You can receive spread of hours pay and overtime pay for the same day. Spread of hours is triggered by a long workday (over 10 hours), while overtime is triggered by working more than 40 hours in a week. They are calculated independently and added together.
Split shift pay is a separate premium owed when an employee works two shifts in one day with a gap of more than 1 hour. It may apply in addition to spread of hours if the total spread exceeds 10 hours.
Payroll errors are common with spread of hours pay because the rule is misunderstood. Here are the most frequent mistakes and how to fix them.
Mistake 1: Using the regular hourly rate instead of minimum wage.
The spread of hours premium is always paid at the applicable minimum wage rate, not the employee's regular
rate. Even if an employee earns $25/hour, the premium is $17.00 (NYC) or $16.00 (rest of NY) — not $25.
Mistake 2: Subtracting meal breaks from the spread.
Unpaid meal breaks count toward the spread. A shift from 9 AM to 8 PM with a 1-hour unpaid lunch has an
11-hour spread — triggering the premium — even though the employee only worked 8 hours.
Mistake 3: Thinking a 10-hour spread qualifies.
The rule requires the spread to EXCEED 10 hours. Exactly 10 hours does not trigger the premium. A 10-hour
and 1-minute spread qualifies. A 10-hour spread does not.
Mistake 4: Not tracking split shift gaps.
The time between split shifts counts toward the total spread. Even if each shift is short, the gap pushes
the spread over 10 hours, triggering the premium.
Mistake 5: Forgetting tipped employees.
Tipped employees are eligible for spread of hours pay at the full minimum wage rate, not the tipped rate.
Employers sometimes incorrectly pay the premium at the tipped minimum wage.
Mistake 6: Applying the hospitality rule outside hospitality.
Outside of restaurants and all-year hotels, the wage offset under 12 NYCRR § 142-2.4 can eliminate the
premium for employees already earning well above minimum wage. Assuming every non-exempt employee is owed
the flat premium regardless of industry can lead to overpayment or, in hospitality, underpayment if the
offset is wrongly applied there.
The spread of hours premium is calculated using the minimum wage rate for your specific region in New York State. Rates vary by location and are updated annually. The rates effective January 1, 2026 are listed below.
| Region | 2026 Minimum Wage | Applicable Counties |
|---|---|---|
| New York City | $17.00/hr | All 5 boroughs (Manhattan, Brooklyn, Queens, Bronx, Staten Island) |
| Long Island | $17.00/hr | Nassau, Suffolk Counties |
| Westchester County | $17.00/hr | Westchester County |
| Rest of New York State | $16.00/hr | All other counties (Albany, Erie, Monroe, Onondaga, etc.) |
These rates took effect January 1, 2026, and are set by the New York State Department of Labor. Starting January 1, 2027, minimum wage increases are scheduled to be indexed to the Consumer Price Index (CPI-W) for the Northeast Region rather than fixed by statute. If you work in multiple regions, use the rate for your primary work location.
For employees calculating back pay, historical rates may be needed. Prior to January 1, 2026, the rates were $16.50 (NYC/LI/Westchester) and $15.50 (rest of state). The NYSDOL publishes annual minimum wage adjustments. For claims going back multiple years, use the rate in effect for each year.
If you believe your employer owes you spread of hours pay, take these steps. The law allows you to recover unpaid premiums plus additional penalties.
Step 1: Document your shifts.
Keep a record of every workday, including start and end times, meal breaks, and any split shifts. Use our
calculator to estimate the amount owed. The more documentation you have, the stronger your claim.
Step 2: Ask your employer or payroll department.
Many errors are simple mistakes. Show them your calculation and ask for an adjustment. Often, employers will
correct the error once it's brought to their attention.
Step 3: File a wage complaint with the NYSDOL.
If your employer refuses to pay, file a complaint with the New York State Department of Labor. They will
investigate and can order the employer to pay back wages plus penalties.
Step 4: Consult an employment attorney.
If the amount owed is significant, or if your employer retaliates, contact an employment lawyer. You may be
entitled to liquidated damages (100% of unpaid wages) and attorneys' fees under NY Labor Law § 198(3).
Employers should regularly audit their payroll to ensure compliance with New York's spread of hours rule. Use this checklist to catch errors before they become costly lawsuits.
Non-compliance can result in back wages, liquidated damages (up to 100% of unpaid wages), attorneys' fees, and damage to your reputation. Proactive compliance is far cheaper than litigation.
Use the calculator at the top of this page to check your own shifts. It's free, fast, and uses current 2026 rates. Whether you're an employee verifying your paycheck or an employer ensuring compliance, this tool gives you the clarity you need.
👉 Enter your shift details above and click "Calculate My Spread of Hours Pay" to see your results instantly.
Most spread of hours calculators are basic tools that only handle simple start-and-end shifts. They ignore split shifts, overnight work, and regional rate differences — the very scenarios that create the most confusion. This calculator is built for real-world New York workdays, not idealized examples.
We designed this tool to handle every edge case. Split shifts with hours-long gaps are fully supported, and hours worked are calculated directly from each shift segment rather than estimated from the total spread. Overnight shifts that cross midnight are calculated correctly. Regional minimum wage rates for NYC, Long Island, Westchester, and the rest of New York are automatically applied and kept current with NYSDOL updates. Meal breaks are correctly counted toward the spread while being deducted from hours worked — a distinction that most tools get wrong.
Beyond the calculator, this guide provides the legal context you need. We cite the specific regulations (12 NYCRR § 142-2.4, § 146-1.6, and NY Labor Law § 198(3)), explain the hospitality-vs-offset eligibility nuance, and walk through real examples that mirror actual workplace scenarios. Whether you're checking your own paycheck or auditing your company's payroll, you get the clarity and confidence to act.
Updated for the January 1, 2026 rate increase and cross-checked against the official NYSDOL rate schedule and the text of the governing NYCRR wage orders. This isn't just a calculator — it's a complete resource for understanding and enforcing your rights under New York law.
Get quick answers to the most common questions about spread of hours pay. If you don't see your question here, use the calculator above to check your specific shift.
Spread of hours pay is an extra hour of minimum wage owed to New York non-exempt employees whose workday spans more than 10 hours from start to finish. The premium equals one hour of the applicable minimum wage rate for the region.
No. The law requires the spread to EXCEED 10 hours. A 10-hour spread does not trigger the premium. A 10-hour-and-1-minute spread does qualify.
Yes. Unpaid meal breaks and rest periods count toward the total spread. Even if you clock out for lunch, that time is included in the spread calculation.
The premium is one hour at the current 2026 minimum wage rate. As of January 1, 2026, that's $17.00 per hour in New York City, Long Island, and Westchester. In the rest of New York State, it's $16.00 per hour.
Yes. Spread of hours is triggered by a long workday (over 10 hours), while overtime is triggered by working more than 40 hours in a week. They are separate premiums and both can apply.
Yes. Tipped employees are eligible for spread of hours pay at the full minimum wage rate, not the tipped rate. A tipped worker in NYC would still receive the $17.00 spread of hours premium if their spread exceeds 10 hours.
Yes. The time between split shifts counts toward the total spread. If the gap pushes the total spread over 10 hours, the premium is owed.
Measure the total spread from the start time to the end time. For example, 10:00 PM to 9:00 AM is 11 hours. If it exceeds 10 hours, the premium is owed. Our calculator handles overnight shifts automatically.
You have 6 years to file a claim for unpaid spread of hours pay under NY Labor Law § 198(3).
Employers who willfully violate the spread of hours rule may owe liquidated damages equal to 100% of the unpaid wages — effectively doubling the amount owed.
Salaried employees who are classified as exempt (executives, administrators, professionals) are not eligible. Non-exempt salaried employees may be eligible depending on their specific duties and salary thresholds.
Document your shifts, calculate what you are owed, and bring it to your employer's attention. If they refuse, file a complaint with the NYSDOL or consult an employment attorney.
It applies to most non-exempt employees across all industries, but the rules differ slightly. Hospitality employees (restaurants and all-year hotels) are owed the premium regardless of pay rate. Employees in other industries may be subject to a wage offset if their weekly pay already meets the minimum-wage floor.
Check every pay period. Spread of hours is calculated daily, so each workday is evaluated independently. Reviewing regularly helps catch errors early.
Spread of hours is triggered by a workday exceeding 10 hours. Split shift pay is triggered by a gap of more than 1 hour between shifts. They can both apply to the same day.
Yes. If you are a non-exempt employee working in New York State, the spread of hours rule applies regardless of whether you work in an office or remotely.
No. Spread of hours pay is a premium paid in addition to regular wages and is not included in the regular rate for overtime calculations. It is a separate payment.
Keep records of every workday, including start and end times, meal breaks, and split shift gaps. Save pay stubs and any written communications about pay. These documents are essential for filing a claim.
This calculator applies the New York State spread of hours rule as defined in 12 NYCRR § 142-2.4 (miscellaneous industries), 12 NYCRR § 146-1.6 (hospitality industry), and NY Labor Law § 198(3) (enforcement and statute of limitations). It measures the total spread of your workday — from your first minute of work to your last — including all breaks, meal periods, and off-duty intervals. If the spread exceeds 10 hours, the premium is one hour of the minimum wage rate for your region. For split shifts, hours actually worked are calculated directly from the two shift segments you enter, rather than estimated from the total spread, so the gap between shifts is automatically excluded from your worked-hours total.
The current 2026 minimum wage rates are sourced from the New York State Department of Labor and reflect the increase effective January 1, 2026: New York City, Long Island, and Westchester County at $17.00 per hour, and the rest of New York State at $16.00 per hour. These rates are updated annually — the next scheduled change is January 1, 2027, when increases become indexed to the CPI-W for the Northeast Region.
This calculator shows the premium as it would apply without a wage offset (as with hospitality employees). For non-hospitality employees earning well above minimum wage, an offset under 12 NYCRR § 142-2.4 may reduce or eliminate the amount owed — see the "Who Is Eligible" section above.
All calculations are performed client-side in your browser. No data is sent to any server. Your shift details remain private and are not stored or shared. The calculator is designed to provide accurate estimates, but final payroll calculations should be verified with a payroll professional or employment attorney.