Non-exempt employees whose “spread of hours” is more than 10 hours in a day must be paid an additional hour of pay on top of their normal payment.

Policy Statement

Non-exempt employees whose “spread of hours” is more than 10 hours in a day must be paid an additional hour of pay on top of their normal payment.

Reason for Policy

The purpose of this policy is to ensure employees comply with the Spread of Hours Pay law.

Who Is Governed by this Policy

Staff

Policy

In order to comply with the New York Labor Standards law – “Spread of Hours Pay,” non-exempt employees whose “spread of hours” is more than 10 hours in any day must be paid an additional hour of pay (at minimum wage) in addition to pay for hours worked. Spread of hours is defined as 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.

For example—employee works 9:00 a.m.–8:30 p.m. including a one hour unpaid lunch and two 15-minute paid breaks. Employee will be paid for 10 ½ hours and an additional one hour “spread of hours” pay at the minimum wage rate.

Definitions

This policy does not have definitions associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Procedures

If a non-exempt employee is eligible for spread of hours pay, an overtime sheet must be submitted.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Related Information

This policy does not have related information at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Document History

  • Last Reviewed Date: March 16, 2023
  • Last Revised Date: September 14, 2018
  • Policy Origination Date: Unknown

Who Approved This Policy

Policy Owner and Executive Leadership

Policy Owner

Secondary Contacts

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