Did Your Workday Ever Stretch Beyond 10 Hours? New York Law May Entitle You to Extra Pay.

What is Spread of Hours Pay?

Under New York Labor Law (12 NYCRR 146-1.6), in many industries workers may be entitled to one extra hour of pay at minimum wage on any day where the spread of hours exceeds 10 hours. Whether this applies to you depends on factors including your industry, your pay rate, and your specific circumstances.

"Spread of hours" is the total time interval between when your workday begins and when it ends — including all working time, meal breaks, and any gaps or time off duty during the day. It does not matter whether you're paid for all those hours; what matters is the total span of time from start to finish.

This is one of the most commonly overlooked wage laws in New York. Most employers — and most workers — have never heard of it.

A Clear Example

Workers Who May Be Covered

• Hourly workers and tipped workers in covered industries
• Restaurant, hotel, retail, home care, and service workers — especially
• Full-time and part-time employees
• Both current and former employees (claims can go back 6 years in many cases)

When This Law May Not Apply

This law may not cover you if your regular hourly rate is high enough that the spread of hours premium is effectively already included in your base pay, or if you work in an industry or role that is exempt. Whether you're covered depends on your specific situation — that's why a free consultation is so valuable.

Could You Have a Claim? Quick Checklist

If any of these sound familiar, you may want to speak with an attorney:

• You work (or worked) as an hourly or tipped employee in New York
• Your employer schedules you on shifts where the total span of time — start to finish — is more than 10 hours
• This happens regularly, or even just some days
• You've never received an extra hour's pay on those long days

Common Work Scenarios That May Trigger This Law

• Restaurant servers: Shift from 11 AM opening to 10 PM closing, including meal service with breaks in between
• Hotel housekeeping: Full day with split shifts or scattered cleaning times and meal breaks
• Retail employees: Opening or closing shifts with gaps between peak hours
• Home care workers: Multiple visits throughout the day spread across 10+ hours
• Security guards: Long shifts with breaks that span a wide window of time

How Much Could You Be Owed?

If you're eligible, the amounts can add up quickly. Use this calculator to estimate your potential recovery — but keep in mind, your actual recovery depends on your specific circumstances.

What You May Be Able to Recover

New York law provides strong protections for workers. Depending on your situation, you may be able to recover:

Why LawyerForWorkers.com

Attorney Mohammed Gangat and the team at LawyerForWorkers.com focus exclusively on protecting the rights of New York workers. Spread of hours claims are among the most common — and most overlooked — wage violations we handle.

• Free consultation — no obligation, no pressure
• No upfront costs or fees, ever
• Contingency fee basis — you pay only if we win
• We handle all negotiations, correspondence, and legal proceedings
• We accept cases for current and past jobs going back up to 6 years

If you've ever worked a day where your shift stretched past 10 hours total, it's worth finding out whether you may be owed money. A consultation costs you nothing.