New York Overtime Rules: Spread of Hours & Premium Pay
New York's spread-of-hours rule requires an extra hour of pay when your workday spans more than 10 hours. Plus, NY has one of the highest salary floors.
M. Imtinan Farooq
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New York Overtime Rules: Spread of Hours & Premium Pay — quick answer
New York's spread-of-hours rule requires an extra hour of pay when your workday spans more than 10 hours. Plus, NY has one of the highest salary floors.
Along with California, the State of New York maintains the most worker-protective and complex labor codes in the United States. Governed by the **New York State Department of Labor (NYSDOL)** and the NYS Wage Orders, the rules in New York extend far beyond simple weekly overtime calculations.
New York operates with a series of progressive regulations including geographic salary threshold tiers, strict industry-specific wage orders (Hospitality, Miscellaneous, Building Services), and a highly unique premium pay rule known as the **"Spread of Hours"** rule.
For businesses operating in New York and workers trying to audit their paystubs, mastering these daily and weekly rules is critical. Underestimating New York labor compliance can expose employers to severe statutory penalties, interest, and liquidated damages.
Calculate New York overtime
Use the New York state calculator for weekly overtime context, then compare detailed daily entries in the time-card calculator when schedules are complex.
For day-by-day schedule math, use the time card overtime calculator.
The New York "Spread of Hours" Rule Explained
The most unique aspect of New York labor regulation is the **Spread of Hours** rule.
Under NYSDOL regulations, the "spread of hours" is defined as the entire interval from the moment an employee first reports to work in a day to the moment they finally clock out, including split shifts and meal breaks.
💡 The 10-Hour Spread Threshold:
If an employee's spread of hours in a single workday **exceeds 10 hours**, the employer must pay the employee **one (1) additional hour of pay at the full New York State minimum wage**.
- This is NOT overtime: The spread-of-hours premium is an additional flat payment, paid *in addition to* any daily or weekly overtime earned during that day.
- Split Shifts: If a restaurant server works a lunch shift from 11:00 AM to 2:00 PM, and returns for a dinner shift from 5:00 PM to 11:00 PM, their actual hours worked is 9. However, their *spread of hours* is 12 hours (11:00 AM to 11:00 PM). Because the spread exceeds 10 hours, they are legally owed an extra hour of minimum wage pay.
New York’s Geographically Split Salary Thresholds
To classify an employee as exempt from overtime under NYSDOL administrative or executive rules, the employer must pay a high salary floor. New York splits these floors by geography to account for regional living costs:
| Region | Weekly Salary Floor | Annual Equivalent |
|---|---|---|
| New York City, Long Island, & Westchester County | $1,200.00 / week | $62,400 / year |
| Rest of New York State (Upstate) | $1,124.20 / week | $58,458 / year |
⚠️ Note: New York does not recognize a professional exemption salary floor at the state level; professional exemptions (like doctors or lawyers) follow the federal baseline, though executive and administrative positions must strictly meet the high state limits above.
Worked Timecard Scenario with Spread-of-Hours
Let's look at a concrete mathematical scenario.
Maria works as a hostess in a New York City restaurant, earning the NYC minimum wage of **$17.00/hour**. On Thursday, she works a split shift:
- Lunch Shift: 10:00 AM to 2:00 PM (4 hours worked)
- Dinner Shift: 5:00 PM to 10:00 PM (5 hours worked)
- Total worked hours: 9 hours
- Spread of hours: 10:00 AM to 10:00 PM = **12 hours** (which is > 10 hours)
Maria's Thursday Pay Breakdown:
- Straight-Time Hours: 8 hours × $17.00 = $136.00
- Weekly/Daily Overtime (1.5×): 1 hour × $25.50 = $25.50
- Spread of Hours Premium: 1 flat hour at minimum wage = $17.00
- Maria's Total Earnings for Thursday: $136.00 + $25.50 + $17.00 = **$178.50**
Verify Your New York Paystub
If you work in hospitality, retail, or office administration in New York State, ensuring spread-of-hours pay and correct regional floors are computed is vital to protecting your rights.
💡 Run your calculations instantly with the New York Overtime Calculator.
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Rule last reviewed: July 7, 2026Page last updated: July 8, 2026Official sources
Disclaimer and review policy
Estimates only; not legal, tax, or payroll advice. Confirm final pay obligations with the official agency guidance or a qualified advisor.
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