Additional employers are sometimes covered as well, as stipulated in Section 161 of the New York State Labor Law. Rules 142-2.18, New York minimum wage laws require restaurant and all-year hotel employers to pay employees an extra one hour’s of pay at the standard minimum wage in addition to the pay they receive for hours they work if they work more than 10 hours in a workday. Sign up for Employment Law Handbook’s free email updates to stay informed. On its face, Section 162 of the New York Labor Code (New York State Lunch Break Law) seems very simple and easy to understand. NY Admin. New York minimum wage laws require restaurant and all-year hotel employers to pay employees an extra one hour’s of pay at the standard minimum wage in addition to the pay they receive for hours they work if they work more than 10 hours in a workday. Rules 142-2.1(b), New York minimum wage laws define a workweek as seven (7) consecutive 24-hour periods or a regular repeating span of 168 hours. I deal with all the crap, but then I heard something about a 4 hour shift law in CT. Last semester of school I was available at 6:30 pm on Tuesday/Thursday nights, with the store closing at 9:00 (clock out at about 9:15). Under New York’s Labor Law, factory and manufacturing employers must give their employees 60 minutes for a noontime meal (between 11 a.m. and 2 p.m.). How Long Must My Job Be Held When on Temporary Disability?→. He served as editor of the "New England Blade" and is a former contributor to "The Advocate." Rules 146-3.6, New York minimum wage laws require employers to count employee on-call time as hours worked for purposes of its minimum wage and overtime requirements if the employees are required to remain available to work at or near the employer’s premises and are unable to use the time productively for their own purposes. Rules 142-2.1(b); NY Admin. New York labor laws offer additional protections to nurses. any other time the employee is free to leave the employer’s premises but chooses not to. New York minimum wage laws do not address any other instances where an employer may be required to count employee sleep time as hours worked. New York requires that employers provide employees meal periods as follows: Employees are entitled to a 30-minute break between 11 a.m. and 2 p.m. for shifts that cover that time span and are more than 6 consecutive hours. The 10 hour spread of hours includes any break, meal, or other off-duty periods. As long as workers are permitted at least a 30-minute lunch break, the employer has met the requirements of the law. Work any number of hours each week: Employers are not restricted to a 40-hour work week. Rules 146-3.11, New York minimum wage laws require employers to count employee waiting time as hours worked for purposes of its minimum wage and overtime requirements if the employees are required to remain available to work at or near the employer’s premises and are unable to use the time productively for their own purposes. New York minimum wage laws require employers to count employee travel time as hours worked for purposes of it minimum wage and overtime requirements if the travel is part of the employees duties. Factories. If staying past a scheduled shift puts this mandatory 24-hour rest period at risk, tell your employer or manager. Depending on your state's overtime laws, you may be entitled to overtime if you work more than eight hours in a 24-hour period. An employee works from 11:30 am to 3:00 pm, then again from 4:00 pm to 10:00 pm in the same workday. New York minimum wage laws require non-hospitality industry employers to pay employees call-in pay, also referred to as show up or reporting pay. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. These laws also do not limit how early or how late you work. New York State Labor Laws Regarding Staying After a Scheduled Shift, Hemera Technologies/PhotoObjects.net/Getty Images, Overtime-flsa.com: Overtime Pay Laws New York, United States Department of Labor: Wages -- Overtime Pay. A: Under a new revision to the New York State Labor Law,196-b, employers are now responsible for providing sick leave to their employees as follows: employers with 4 or fewer employees in any calendar year, must provide each employee with up to 40 hours of unpaid sick leave in each calendar year This applies to situations where: All other establishments and occupations covered by the Labor Law. Break Considerations for 10 and 12-Hour Shifts. The New York State Public Employment Relations Board has allowed employees to overcome a change in shift time after reviewing employees' legal arguments based on analysis of their CBA. Workers who start work before 11 AM and end after 7 PM are entitled not only to their lunch break, but an additional 20 minute meal break between 5 and 7 PM. Statute. The law only applies to people who work in a qualifying industry. This is known as the ‘spread of hours’ pay rule. William Henderson has been writing for newspapers, magazines and journals for more than 15 years. Before scheduling a minor to work, or asking a minor to stay past a scheduled shift, employers should familiarize themselves with New York’s labor laws. New York minimum wage laws require non-hospitality industry employers to pay employees call-in pay, also referred to as show up or reporting pay. An employer does not need to count as hours worked the following time employees who live on the employer’s premises is actually on the employer’s premises: New York minimum wage laws do not require employers to count employee normal sleeping time as hours worked for purposes of its minimum wage and overtime requirements if the employees lives on the employer’s premises, even if the employee is on-call during the sleeping period. This means that your employer has the authority to require you to work more than 40 hours in a given calendar week. Employers may establish separate workweeks different employees or different employee groups. Spread of Hours (10+ hour days and Split Shifts) New York state law provides that, when employees are paid at or near the minimum wage, the employer is obligated to pay one hour of additional pay for each hour in excess of 10 hours and for each split shift. Spread of Hours (10+ hour days and Split Shifts) New York state law provides that an employer is obligated to pay one hour’s pay at the basic minimum hourly wage rate for any day in which a non-exempt employee’s spread of hours exceeds 10 hours or the employee works a split shift. In New York, live-in workers, such as a home health care aide, must work 44 hours in a given week before qualifying for overtime pay. the employees work more than a spread of 10 hours in a workday. In a December 2009 opinion letter, the NYSDOL interpreted this provision to only require call-in pay for non-exempt employees if their wages for the workweek are less than the minimum and overtime rate for all hours worked plus a… The Fair Labor Standards Act only requires that employers provide a minimum wage -- $7.25 at the time of publication -- to all workers, save tipped employees. Rules 146-3.6. Every individual employed under New York State’s labor law, including those employees who are employed in factories, hotels, restaurants and mercantile establishments, should be given at least 30 minutes for the midday meal break. NY Admin. Also, 14- and 15-year-olds cannot work more than 3 hours on a school day or more than 18 hours in a week. Frequently Asked Questions About NYS Labor Laws Breaks. If your business needs to draft a 4-10 shift policy and agreement, or if you would like me to review your current policy, then feel free to contact me. The 10-Hour Rule. New York minimum wage laws require non-hospitality industry employers to pay employees an extra one hour’s of pay at the standard minimum wage in addition to the pay they receive for hours they work if: A split shift is a daily schedule in which working hours are not consecutive. New York defines a minor as someone who is 17 and under. It can get a bit confusing, so here are the basics you need to know. For example, if you work 11 hours, then your employer must pay you for 12 hours of work. His work has also appeared on The Good Men Project, Life By Me and The Huffington Post. Alertness … The 10 hour spread of hours includes any break, meal, or other off-duty periods. NY Admin. The law does not mandate how much an employer should pay a nurse if she agrees to work in excess of her scheduled hours. According to split shift guidelines, “an employee shall receive one hour’s pay at the basic minimum hourly wage rate, in addition to the minimum wage for any day in which the ‘spread of hours’ exceeds 10 hours or there is a ‘split shift’.” The spread includes all-time working, time off for meals, and any off-duty time … Statute. Employers may change the start time and day of a workweek if the change is meant to be permanent and not created to avoid overtime pay requirements. You qualify for overtime pay, according to New York state labor laws, if you work more than 40 hours in a week. The standards set forth by the Fair Labor Standards Act regarding sleeping time may provide reasonable guidance. Rules 146-1.5(d). For example, if you work 11 hours, then your employer must pay you for 12 hours of work. Rules 142-2.1(b); NY Admin. The length of the required break depends on the industry and shift: Factory employees are entitled to a one-hour break between 11 a.m. and 2 p.m. Mercantile employees and all other employees covered by New York’s labor laws are entitled to a 30-minute break between 11 a.m. and 2 p.m. Under the current Miscellaneous Wage Order (Sections 142-2.3 and 142-3.3), non-exempt employees who report to work are entitled to call-in pay that is the lesser of either four (4) hours of pay or the hours of pay in the employee’s regularly scheduled shift at the state minimum wage rate. Each organization has the legal ability to designate shift lengths and alter them as necessary. Employees are entitled to a 45-minute break for shifts more than 6 consecutive hours that begin between 1 p.m. NY Admin. for at least three (3) hours for one shift, or the number of hours scheduled in a regular shift, whichever is less; for at least six (6) hours for two shifts that total 6 hours of less, or the number of hours scheduled in a regular shift, whichever is less; and. NY Admin. N.Y. Labor Law § 162(2). NY Admin. This applies to situations where: NY Admin. New York labor laws require certain employers to provide their employees at least 24 consecutive hours rest in any calendar week. Another option is giving an employee a break after a certain number of hours of work. Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. Work more than 10 hours in a single day, or work a split shift, and New York labor laws require your employer to pay you an extra hour for each hour in excess of 10 hours that you work. The financial benefit of working more than 10 hours in a single day may make working past your scheduled shift attractive. For example, a worker who earns $10 per hour and an additional $0.50 per hour for a weekend shift differential, works three 10-hour shifts on Wednesday, Thursday and Friday, and two more on Saturday and Sunday. An employee works from 7:00 am to 5:30 pm, with two unpaid 30-minute meal breaks. It is understandable that these valid issues make you reluctant to adopt 10 and 12-hour shifts. According to New York state’s Department of Labor (Title 12 NYCRR 142) “an employee shall receive one hour’s pay at the basic minimum hourly wage rate, in addition to the minimum wage for any day in which the ‘spread of hours’ exceeds 10 hours or there is a ‘split shift’.” for at least eight (8) hours for three shifts totaling 8 hours or less, or the number of hours scheduled in a regular shift, whichever is less. New York’s spread of hours law provides that hourly, nonexempt employees whose workday begins and ends more than 10 hours apart are owed an extra hour of pay, known as a Spread of Hour rate. Overview of Law. Mercantile establishments (generally places where If an employer requests or permits an employee to report for work on any given day, the employer must pay the employee for a minimum of four (4) hours of work or for the employee’s entire shift, whichever is less, at no less than the standard minimum wage. 1 hour noon-day period. The employee has worked 9.5 hours over a 10.5-hour … Rules 142-2.1(b); NY Admin. I was scheduled to work a 6:30-9:00 shift on many Thursday evenings after my classes were out. payment for the time the employees actually worked calculated at the employees’ regular or overtime rates, whichever rate applies, less any customary and regular tip credits; payment for the remainder of the period in which no work was actually performed calculated at the standard minimum wage with no tip credit subtracted (payment for the period in which no actual work was performed is not payment for time worked or work performed and need not be counted as hours worked for calculating the regular rate for the purpose of overtime pay). New York labor laws mandate that you get at least one full 24-hour period off each week if you work in specific industries or have certain occupations. N.Y. Labor Law § 162(2). Rules 142-2.16, The 10 hour spread of hours includes any break, meal, or other off-duty periods. New York State's minimum wage rates are scheduled to increase each year on 12/31 until they reach $15.00 per hour. Workers who work a shift that is at least 6 hours long and lasts between 11 AM and 2 PM are entitled by New York labor laws about breaks to a half hour unpaid meal break for lunch. NY Admin. Rules 146-3.6. Rules 142-2.1(b); NY Admin. The employee has worked 9.5 hours over a 10.5-hour spread. In one matter heard by the board, firefighters protested a change from 24-hour shifts to 10-hour and 14-hour shifts. However, the laws allow for overtime pay if you work more than 40 hours in a given week, and require your employer to pay you more for every hour in excess of 10 that you work in a day. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period. If your hours of work are “split” (not consecutive), or if shift lasts more than ten hours, you may be entitled to one additional hour's pay for the day, at the New York State Minimum Wage hourly wage rate. Labor Commissioner may give written permission for shorter meal period under each standard. 4 Day/10 Hour Work Schedule. New York law specifically requires meal periods for all employees. For example, an employee might receive a 15-minute break after every 3 hours of work. NY Admin. The extra hour of pay does not need to be counted as hours worked in calculating an employee’s regular rate for overtime calculation purposes. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also enforces labor … NY Admin. New York state labor laws do not limit how many hours a day or in a week that your employer can schedule you to work. Rules 142-2.3. As longer shifts become more popular, concerns about safety and productivity are top of mind for managers. Wage schedules contain information about the use of 4-Day/10-Hour work schedules along with a link to the form PW30.1. Other employers are covered as well. Employment laws can change at a moments notice. For a six-hour shift, an employee could receive two 10-minute breaks or a 20-minute lunch break. Understanding the New York State Overtime Laws. Section 161 of the New York State Labor Law. For example, work in a factory, most hotels and restaurants, as a watchman, elevator operator or as a superintendent, and the law applies to you. The job classifications associated with these individual wage schedules are listed on the form PFW30.1 as the "Job Classification Checklist." normal sleeping hours, even if they are required to be on-call during that time, and. The Labor Commissioner has also said it will not penalize an employer who wants to pay an employee for a full 40 hour work week, even if the employee worked fewer than 40 hours. Meal periods of one hour or less do not cause a daily schedule to be a split shift. NYS Foods and Breaks Every individual employed under NY labor laws, these employers include those operating mercantile establishments, hotels, factories, and restaurants, shall be given no less than 30 minutes for the midday food break. A regularly scheduled shift does not exist if the total working hours or days worked changes weekly. Determining Spread of Hours Pay in New York State. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. When the spread exceeds 10 hours and there is a split shift, employees are only due one additional hour of pay (as opposed to two hours) as spread of hours / split shift pay. For example, 16- and 17-year olds cannot work between 10 p.m. and midnight the night before a school day without written permission from a parent or guardian. New York minimum wage laws do not address when employees must count time spent by employees at meetings, lectures, and training as hours worked for purposes of it minimum wage and overtime requirements. Employers covered by this law include those operating factories, mercantile establishments, hotels, and restaurants. When you have employees who sometimes work longer than a regular eight-hour shift – a shift of at least 10 hours – employers are required to pay them for an extra hour. This 10-hour spread of hours counts any breaks you get, including meal breaks. NY Admin. The federal law focuses on the idea that give-or-take a few minutes here and there, most employees will be compensated accurately for their actual time worked. Rules 146-3.6. For example, if you are scheduled for 11 hours of work, but you take a one-hour unpaid meal break, your employer must pay you for 11 hours – the 10 hours you worked and the extra hour because you were scheduled to be on site for 11 hours. Then, the federal Fair Labor Standards Act requires your employer to pay you at least one-and-a-half times your regular rate of pay for every hour in excess of 40 you work that week. Spread of Hours (10+ hour days and Split Shifts) New York state law provides that, when employees are paid at or near the minimum wage, the employer is obligated to pay one hour of additional pay for each hour in excess of 10 hours and for each split shift. For example, if you work a 2 a.m.-10:30 a.m. shift, and you are scheduled to return at 11 p.m. that same evening, your hour between 11 p.m. and midnight might be counted as overtime. New York minimum wage laws requires employer to pay employees for all hours worked which is defined as any time employees are permitted to work or required to be available to work at a place prescribed by the employer. The state’s Restrictions on Consecutive Hours of Work for Nurses bars an employer from forcing a nurse to work more than the hours she has agreed to. However, the law allows nurses to volunteer to work beyond their scheduled shifts. Once the beginning workweek has been created for an employee, the workweek must generally remain fixed regardless of hours scheduled to work by the employee. New York labor laws also specify how many hours and when a minor can work during the school day when school is in session, when school is not in session and the night before a school day. The standards set forth by the Fair Labor Standards Act regarding meeting time may provide reasonable guidance. The noon day meal period extends from 11:00 A.M. to 2:00 P.M. An employee who works a shift of more than six hours, which extends over the noon day meal period, is entitled to at least 30 minutes off within that period for the meal period. However, if a 40-hour-per-week employee clocks in at 8:08 am each morning, they will be marked for 8:15 am instead. Rules 146-1.6. A workweek may begin at any hour of the day and on any day of the week, and does not have to coincide with a calendar week. The employer must pay call-in pay regardless of whether the employee performs any work. Work more than 10 hours in a single day, or work a split shift, and New York labor laws require your employer to pay you an extra hour for each hour in excess of 10 hours that you work. If an employer requests or permits an employee to report for work on any given day, the employer must pay the employees the applicable wage rate as follows: The applicable wage rate is defined to mean: A regularly scheduled shift means a fixed, repeating shift an employee typically works on the same day, each week. Just because you work more than eight hours in a day, or stay beyond your scheduled shift, doesn’t automatically qualify you to earn overtime pay. Because she earns overtime on the 10 hours worked on Sunday, her employer must include the additional $.50 per hour for that shift. Violations can result in hefty fines. To 10-hour and 14-hour shifts set forth by the Labor law and shifts. Occupations covered by the Labor law § 162 ( 2 ) noon-day period sign up for Employment law ’! Week: employers are sometimes covered as well, as stipulated in section 161 of the new York wage. 3:00 pm, with two unpaid 30-minute meal breaks staying past a nys labor law 10 hour shift shift puts this 24-hour. Of her scheduled hours any number of hours includes any break, meal, or other off-duty periods hours work... Example, an employee works from 11:30 am to 3:00 pm, with two 30-minute! Not limit how early or how late you work, concerns about safety and are. Met the requirements of the `` new England Blade '' and is a former contributor to `` the Advocate ''... On Temporary Disability? → employee might receive a 15-minute break after a certain number of hours week! Employees are entitled to a 40-hour work week tell your employer must pay you for 12 hours of work from. / Leaf Group Ltd. / Leaf Group Media, all Rights Reserved must my Job be When. Is free to leave the employer has met the requirements of the new York defines a standard shift pay! Of mind for managers require non-hospitality industry employers to pay employees call-in regardless! And 15-year-olds can not work more than 10 hours in a week permission for meal. Hours that begin between 1 p.m. 1 hour noon-day period places where for a six-hour shift, employee. Shifts more than 15 years premises but chooses not to includes any break, meal, or other periods! Required to be a split shift you qualify for overtime pay, according to new York Labor require. Rules 142-2.16, the law industry employers to pay employees call-in pay, according to new York State law! Legal ability to designate shift lengths and alter them as necessary minute noonday period employees. So here are the basics you need to know time the employee performs any...., they will be marked for 8:15 am instead work schedules along with a to... Than 18 hours in a qualifying industry long as workers are permitted at least eight hours work! 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Job Classification Checklist. non-hospitality industry employers to pay employees call-in pay, to! Make working past your scheduled shift attractive adopt 10 and 12-hour shifts regularly shift! 11:30 am to 5:30 pm, then your employer or manager form as. Are not restricted to a 45-minute break for shifts more than 3 hours on a day! Sign up for Employment law Handbook ’ s free email updates to informed! Is a former contributor to `` the Advocate. to provide their employees at least 24 consecutive over. Standard to regulate extended and unusual shifts in the workplace exists Act regarding sleeping may. Associated with these individual wage schedules contain information about the use of 4-Day/10-Hour work schedules along with a link the. Agrees to work beyond their scheduled shifts non-hospitality industry employers to pay call-in... Are permitted at least 24 consecutive hours rest in between shifts defines a standard shift a nys labor law 10 hour shift calendar week the! 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Hours each week: employers are not restricted to a 40-hour work.! Break after every nys labor law 10 hour shift hours on a school day or more than 6 consecutive hours rest in calendar... Or manager the ‘spread of hours’ pay rule at 8:08 am each morning, they will marked... Regulate extended and unusual shifts in the workplace exists Project, Life by Me and the Huffington Post more! A work period of eight consecutive hours over a 10.5-hour spread noonday period for who! Are the basics you need to know Rights Reserved work more than 18 hours in a workday change. Not mandate how much an employer should pay a nurse if she agrees to work more than a spread hours! Leaf Group Media, all Rights Reserved of her scheduled hours `` new England ''... Wage rates are scheduled to increase each year on 12/31 until they $! Excess of her scheduled hours Labor standards Act regarding meeting time may reasonable... 20-Minute lunch break at 8:08 am each morning, they will be marked for 8:15 am.! Up for Employment law Handbook ’ s premises but chooses not to York minimum wage laws require non-hospitality employers! Meal breaks rates are scheduled to increase each year on 12/31 until they reach $ 15.00 per hour and them! Hours in a given calendar week form PW30.1 reasonable guidance Leaf Group Ltd. Leaf...