New York · Overtime · Updated April 2026

Workday spans more than 10 hours? An extra hour at minimum wage.

New York's spread-of-hours rule is unique. When the interval between the start and end of a workday exceeds 10 hours — even if the worker doesn't work the entire interval, even if there are unpaid breaks — the worker earns one additional hour of pay at the basic minimum wage rate. This is separate from and in addition to overtime.

Trigger
Spread > 10 hrs
Premium
1 hr at min wage
Authority
12 NYCRR § 142-2.4
Active

Spread of Hours Pay

Detects when a worker's daily spread (start of workday to end) exceeds 10 hours. Calculates and pays the 1-hour minimum-wage premium automatically.

Avoid · scheduling spread > 10 hrs without budget
Flag · spread-of-hours premium owed
Always running

What the rule does when spread crosses 10 hours.

The hero card configuration: Avoid at schedule, Flag on payroll. Here's what each does at runtime.

Avoid · scheduling spread > 10 hrs

When a manager schedules a workday with start-to-end spread exceeding 10 hours, Teambridge surfaces the spread-of-hours premium cost. Decision-aware scheduling.

Flag · premium owed

On the timesheet, a spread > 10 hours flags the premium for that worker on that day. Pay stub itemizes it under § 195(3).

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The rule, plainly stated

Spread, not work time. 10-hour interval, 1-hour minimum-wage premium.

The trigger is the time elapsed from clock-in to clock-out, not the hours actually worked. Unpaid breaks count toward spread. Split shifts where the worker reports back later in the day count toward spread.

12 NYCRR § 142-2.4(a) and § 142-2.18: An employee shall receive one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage required in this Part for any day in which: (a) the spread of hours exceeds 10 hours; or (b) there is a split shift; or (c) both situations occur. The spread of hours is the interval between the beginning and end of an employee's workday. The spread of hours for any day includes working time plus time off for meals plus intervals off duty.

Spread = clock-in to clock-out

Spread of hours is the elapsed time from start of workday to end. Includes working time, unpaid meal breaks, and any intervals off duty. A worker who clocks in at 8am, works until 1pm, takes a 3-hour unpaid break, returns at 4pm, and clocks out at 7pm has a spread of 11 hours — even though they only worked 8 hours.

Premium uses minimum wage rate

The hour of premium pay is at the basic minimum wage rate ($17 downstate / $16 upstate) — NOT the worker's regular rate. A worker earning $30/hour still receives spread-of-hours premium at $17/hour. This is a NY peculiarity vs. CA's regular-rate rule for break premiums.

On autopilot

Teambridge tracks spread, not just hours worked.

Spread-of-hours premiums are commonly missed because most timekeeping systems track hours worked, not start-to-end spread. Teambridge handles the distinction by structure.

01 · Spread calculation per workday

Start to end, not work time.

For every workday, Teambridge calculates the spread: timestamp of first clock-in to timestamp of last clock-out. Unpaid breaks and split-shift intervals count toward spread.

02 · Premium owed when spread > 10

Auto-applied at payroll close.

When a worker's daily spread exceeds 10 hours, the spread-of-hours premium accrues for that day. Premium amount: 1 hour at the applicable minimum wage rate (regional, not the worker's actual rate).

03 · Wage statement itemization

Separate line per § 195(3).

Spread-of-hours premium appears as a separate line on the wage statement. Worker visibility supports both compliance and trust.

04 · Schedule preview

Spread-of-hours cost surfaced.

When a manager schedules a workday with predicted spread > 10 hours (e.g., a 7am-6pm shift), the schedule preview shows the projected premium cost before publish.

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FAQ

People also ask.

What is 'spread of hours'?
The interval between the beginning and end of an employee's workday. Includes time worked plus unpaid meal breaks plus any time off duty. A worker who starts at 8am and finishes at 7pm has a spread of 11 hours, even if they took a 3-hour unpaid break.
When does the premium apply?
When daily spread exceeds 10 hours. The premium is one hour of pay at the applicable basic minimum wage rate (currently $17 downstate / $16 upstate) — NOT the worker's regular rate.
Does it apply to split shifts?
Yes. A worker who works 8am-noon, takes off, returns at 5pm, and works until 8pm has a spread of 12 hours. Premium owed regardless of total hours worked. The trigger is the spread, not the work time.
Does spread-of-hours pay use the worker's regular rate?
No. Spread-of-hours premium is paid at the basic minimum wage rate, not the worker's actual wage. A worker earning $30/hour gets a $17 (or $16) spread-of-hours premium. This differs from CA, where break premiums use the regular rate.
Does the premium count toward overtime?
No. Spread-of-hours premium is a separate line item that does not factor into the regular-rate calculation for OT. It's structurally simpler than CA's break-premium rule.
How does Teambridge detect this?
Daily spread (clock-in to clock-out) is tracked for every worker. When spread exceeds 10 hours, the premium auto-applies at the applicable regional minimum wage. Schedule projection shows the cost before publish. Premium appears as a separate line on the wage statement.