When it comes to fair compensation, it's crucial to understand Spread of Hours Pay, which is codified at 12 NYCRR § 146-1.6.  Spread of Hours pay refers to the additional compensation that employees in New York are entitled to receive when the workday extends over a significant period, including non-consecutive hours. This provision is designed to ensure that employees are fairly compensated for irregular work schedules that may lead to extended workdays. 

Applicability of Spread of Hours Pay

Spread of Hours pay applies when an employee's total amount of time at work equals or exceeds ten hours, including all breaks. It is important to note that the spread of hours pay is calculated separately from overtime pay. Even if the total hours worked in a day, or a week, do not qualify for overtime, an employee may still be eligible for spread of hours pay. For instance, if your workday starts at 10:00am, and then you have a break from 1:00pm to 3:00pm, and then you work until 8:00pm, you would have worked a total of 8 hours. But the “spread” of hours worked is from 10:00am to 8:00pm, which is 10 hours, so you would be entitled to an extra hour of pay, at the basic minimum hourly wage, which is currently $16 per hour in Downstate New York.



Importance of Compliance

Compliance with Spread of Hours pay regulations is crucial to compensate employees fairly. Failure to provide the required compensation may result in legal consequences and financial penalties.

Employees should be aware of their rights regarding spread of hours pay and contact an Employment Attorney if they believe they are not being adequately compensated for extended workdays.

Employment Attorney Raymond Nardo handles cases for employees who are denied spread of hours pay. Employees may be entitled to remedies of lost pay, liquidated damages (in the same amount of the backpay, if the employer’s conduct is intentional), and counsel fees.