The federal wage and hour laws cover tipped employees when it comes to minimum wage and overtime pay. But many states also have additional wage laws that provide more employee protections than the Fair Labor Standards Act.
New York Spread of Hours Pay
New York is one state that affords extra protections to employees. One of its provisions is a statute that requires that employees who work over 10 hours in a day from start to finish, even if there is a mid-day break, must receive an additional hour’s pay at minimum wage. This is the spread of hours law in New York. The spread of hours includes work time, plus time off for meals and off-duty intervals.
If an employee picks up a double-shift in a restaurant, like a morning shift (10:30 a.m. to 1:30) and then also works an evening shift (6:00 p.m. 08:30 p.m.), New York law stipulates that the worker is eligible to be paid an extra hour because the spread of hours exceeded 10 in one day.
If you need a New York employment lawyer, send us a contact form for our employment lawyers to review your case for free. You can also order our free book, The 10 Biggest Mistakes that can Hurt Your Wage and Overtime Claim, to learn more about wage and hour claims. Our firm has successfully represented tipped employees nationwide.
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