The concept of “spread of hours” is a specialized regulation within wage and hour laws designed to compensate employees for long and inconvenient workdays. It measures the total elapsed time between an employee’s first moment of work and their final moment of work in a single day. This legal structure recognizes that a workday extending over many hours, often broken by unpaid time, imposes a greater burden on an employee’s personal life and time management. These regulations mandate additional compensation when the span of the workday crosses a specific threshold, focusing on the full duration of the employee’s commitment rather than the total hours actually worked.
Defining the Spread of Hours
The spread of hours is defined as the interval from the beginning of an employee’s workday to the end of that day. This measurement is concerned with the elapsed time on the clock, not the cumulative time spent performing tasks. It includes all periods within that span, such as time spent working, mandatory rest breaks, and off-duty intervals, including unpaid meal periods.
To illustrate, consider an employee who works from 9:00 a.m. to 5:00 p.m. with a paid break. Both the total hours worked and the spread of hours are eight. However, if the employee works from 9:00 a.m. to 1:00 p.m., takes an unpaid three-hour break, and then returns from 4:00 p.m. to 7:00 p.m., their total hours worked is seven. The spread of hours, measured from the 9:00 a.m. start to the 7:00 p.m. finish, is ten hours, reflecting the full commitment of their day.
The Mandatory Premium Payment
Exceeding the legal threshold for the spread of hours triggers a specific financial requirement for the employer. When the elapsed time surpasses the designated limit, the employee becomes entitled to the Spread of Hours Premium. This payment compensates the employee for the inconvenience of the extended workday and is required regardless of the total hours actually worked.
The premium is defined as one extra hour of pay, calculated at the prevailing minimum wage rate in the employee’s location. It is important to note that the premium is based on the minimum wage, even if the employee’s regular hourly rate is significantly higher. For example, a worker earning $25 an hour would still receive the premium calculated at the local minimum wage, not their higher contract rate. This additional payment is separate from any overtime calculation the employee may be due.
Calculating the 10-Hour Spread
Determining when the threshold is breached focuses on the interval between the first and last recorded time the employee is engaged in work-related duties. The measurement begins the moment the employee starts their first task, such as clocking in or starting paperwork. The clock stops only at the final moment the employee is released from all duties for the day, typically their final punch-out. This entire time span is measured against the common ten-hour limit.
All non-working intervals that fall within this span are included in the spread calculation. This includes unpaid meal breaks, rest periods, and any off-duty time between work segments. For example, if an employee works a “split shift,” the significant, non-compensable break in the middle of the day counts toward the ten-hour spread. A split shift is a schedule where the required working hours are not consecutive, and the break exceeds a standard meal period.
Inclusions and Exclusions
Unpaid meal breaks are included in the spread calculation because the employee remains committed to the workday structure. Travel time between work sites during the day is generally considered working time and is also included in the spread.
If an employee initiates a break for purely personal reasons and is completely free to leave or use the time as they wish, that time may be treated differently depending on the specific state regulation.
Where Spread of Hours Laws Apply
The regulation of the spread of hours is not a federal requirement but is established by specific state and municipal wage orders. These rules generally apply in jurisdictions with robust labor protections, primarily targeting hourly employees covered by minimum wage orders. The most widely referenced example of this regulation is found in New York State and New York City law, under the authority granted by New York Labor Law § 652.
In New York, the law applies broadly to non-exempt employees, focusing particularly on the hospitality industry, such as restaurant and hotel workers. Employees in these sectors often experience long, broken shifts due to peak service times, which frequently exceed the ten-hour spread. Even if a hospitality employee earns above the minimum wage, the spread of hours premium is still generally required, a stronger mandate than in some other industries.
The applicability of the law often depends on the specific industry wage order that governs the employee’s occupation. For employees in miscellaneous industries, the rule may apply only if their regular rate of pay is close to the minimum wage. The varying minimum wage rates across different regions—such as New York City, Long Island, and Upstate New York—mean that the exact dollar amount of the premium changes based on the employee’s work location.