Spread of Hours

Spread of Hours

Spread of Hours

New York restaurant workers are entitled to an extra hour of pay when the work day spans more than ten hours.

Under New York law, a restaurant worker whose workday is longer than ten hours must receive an extra hour of pay at the minimum hourly wage (which ranges from $15.00 to $16.00, depending on location in New York) in addition to pay for the actual hours worked. For example, let’s say a waiter in a large NYC restaurant works a double shift, the first shift running from 11:00 a.m. to 2:00 p.m. and the second shift running from 5:00 p.m. to 10:00 p.m.  That waiter is entitled to eight hours of pay for the shifts he worked plus one extra hour of pay at the minimum wage (i.e. $16.00) because his start to finish time (the “spread of hours”) of his workday exceeded ten hours.

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