Homebases mobile timesheets can help you prove that you stayed compliant since we maintain and store all your documents, meaning in the timesheets app you can go back through your past documents to show you did not schedule someone for a longer workday and fail to give them spread of hours pay. Spread of hours pay is an exclusive New York rule in which employers are required to pay out additional money to their employees under certain circumstances. The spread includes working time plus time off for meals and any off-duty time, the result of which is that an employee working 10 hours or less on a particular workday may still be entitled to an extra hour of "spread of hours" pay. Employers can't retaliate against employees for reporting labor law violations. Employers must not cancel a shift with less than 72 hours notice. Are Your Labor Law Posters Creating Liability for Your Business? You have a right to not be discriminated against in your workplace. 2023 Pioneer Works, Inc. All Rights Reserved. Farm workers also receive overtime pay, beginning after 60 hours of work per week at of one and a half times the wage. Employers must give premium pay for all schedule changes in accordance with the chart below. of the State of New York (Cited as NYCRR 146) . Can my employer fire me for reporting violations to the Attorney General's Office or to the Department of Labor? In the hospitality industry, spread of hours pay must be paid to employees for any days in which their spread is over 10 hours, regardless of how much the employee makes. In New York State, as part of the Wage Theft Prevention Act, employers are required to provide a Notice and Acknowledgement of Pay Rate and Pay Day, also known as a Hiring Notice, at or shortly after the time you are hired. This is important because every employer in New York State is required to adopt a , Any employer giving thought to launching an unpaid internship program must make sure it complies with federal and NY state law requirements. Nearly 100 people attending a concert Wednesday evening at the Red Rocks Amphitheatre near Denver were injured after being pelted with large hail during severe storms that moved across the area, a . The tip credit can be as high as $5 per hour, and differs by year, just like the minimum wage. Homebases online timesheets makes it easy to avoid having to pay extra in labor costs. The Spread of Hours law helps workers get compensated forall the hourstheyre giving to their job. She is paid for her nine hours of work at her normal rate. The Spread of Hours law helps workers get compensated for all the hours they're giving to their job. With free employee scheduling, time tracking, andteam communication,managers and employees can spend less time on paperwork and more time on growing their business. Must Be Paid Within 30 Days: clients must pay contractors and freelancers within 30 days of the completion of the work, unless the contract specifies another timeframe, and then the payment is due timely in accordance with the date in the contract. 146-1.5 Call-in pay . Hiring Notices are Required, and Not Receiving One Could Entitle You to New York City . If you are looking to outsource Paychex can help you manage HR, payroll, benefits, and more from our industry leading all-in-one solution. This means that contractors and freelancers do not receive protections under the New York Labor Law or the FLSA. Wrongful Termination and Harassment: Know Your Rights, Pay Stubs are Required, and Not Receiving One Could Entitle You to $5,000, Hiring Notices are Required, and Not Receiving One Could Entitle You to $5,000, Spread of Hours: You Are Entitled To Extra Pay For 10 Hour Shifts, Contractors and Freelances in New York City Gain Labor Law Protections, If You Wear A Uniform, You Are Entitled To More Pay Than You Think. This happens more often than we may realize, either in the case of restaurant workers breaking between lunch and dinner or a home healthcare aide making multiple visits in one workday. In addition, please be advised that the transmission of information via this website or by e-mail does not establish an attorney-client relationship. Between continuously restocking empty grocery aisles, keeping lines moving for Black Friday shopping deals, and coordinating multiple same-day office holiday parties, the end of the year always brings your busiest periods. The FLSA defines management tasks as the following: These are only a few general managerial tasks, and each executive role can be subject to a case-by-case evaluation. Why does the chart go back through 2017 ? Section 146-1.6 - Spread of hours greater than 10 in restaurants and all-year hotels, Section 146-1.7 - Uniform maintenance pay. You have the right to report violations. . The employee has worked 9.5 hours over a 10.5-hour spread. The NYS Department of Labor is committed to ensuring that every hardworking New Yorker is paid the fair wages they deserve. New York Labor Laws | Maximum Overtime Work Hours In NY Spread of hours pay is the extra compensation an employer gives to an employee if their workday exceeds 10 hours from the beginning of their first shift to the end of their last. Office of the New York State Attorney General. NYCRR title 12, section 141. Minimum Wage Effective October 1, 2022, through Public Health Law 3614-f, the minimum wage for home care aides has been increased to $17.00 per hour in New York City, Long Island, and Westchester, and $15.20 per hour for the remainder of New York State. Even when a workday includes a break between shifts, employees rarely have enough time to go home, run an errand, or unwind effectively, their workday is still happening during that time. You can view a separate set of . That means that your minimum wage is lowered for every hour you work, as long as you earn enough money in tips to make at least the minimum wage. Homebase can also help by providing live access to certified professionals who can help with all things HR and compliance. Bouklas Gaylord LLP has successfully litigated numerous cases involving spread of hours pay and has settled or recovered over $1,000,000 in the last 12 months alone. NYCRR title 12, section 146-3.13(b). Kathy a home healthcare aid works from 9am-8pm, Monday, Wednesday and Friday. Call: 631-266-2500Call: 631-266-2500Client Login Book Time With Us. Spread of hours pay is an exclusive New York rule in which employers are required to pay out additional money to their employees under certain circumstances. The additional hour of pay is not payment for work performed and need not be factored in when calculating overtime pay. My employer wants to reduce my salary or change my hours or my job, and says I will be fired unless I accept the change. "Hospitality" Employees: Workers in restaurants, fast food establishments like McDonalds or KFC, or hotels, have to be given one uniform per shift as a general rule of thumb . For farm workers in other parts of the state, the minimum wage is $13.20 and set to increase every year on December 31 until it reaches $15.00 per hour. These are the same protections as afforded under the New York Labor Law. See also Farm Workers Wage Order Summary. Homebase makes managing hourly work easier for over 100,000 local businesses. In New York State, as part of the Wage Theft Prevention Act, employers are required to provide a Statement of Wages, also known as a Pay Stub, with each payment of wages. Do any of the following to file a complaint with New York City: If your hours of work are split (not consecutive), or if your shift lasts more than 10 hours, you may be entitled to one additional hour's pay for the day, at the minimum wage hourly rate for New York. However, your state may have other unique wage and hour laws that you may be subject to. Your employer may be able to pay you less than the normal minimum wage if all of the factors below are met: Tips can come in the form of cash, check, credit card, or any other form of payment. No matter what happens between the start and end time, more thanten hours triggers the Spread of Hours payment. Note: A meal period of one hour or less does not interrupt the counting of consecutive hours. If you were expected to wear a uniform at your job, call us today and we can determine if you are owed money by your employer. The practical effect is that spread of hours pay would be due in each of the three scenarios discussed above only if the total wages paid to the employee are not equal to or greater than the total due for (1) all hours at the minimum wage plus (2) one additional hour at the full minimum wage. What can I do if my employer isn't paying me wages that I am owed? If an employees hourly rate is high enough that their weekly pay is sufficient to cover both hours workedandthe spread of hours pay they would receive at minimum wage, then you dont need to give them a Spread of Hours payment. March 12, 2018 Determining Spread of Hours Pay in New York State 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. 8Where an employer provides lodging or meals, refer to the maximum allowed credits provided in NYCRR title 12, section 146. Spread the Word about "Spread of Hours" - Sova Law With the exception of the hospitality industry, in all industries and sectors requiring spread of hours pay, the New York Department of Labor and most New York courts have interpreted the spread of hours requirement not to affect workers whose total weekly compensation is sufficiently above the minimum rate. At-Will employees in New York State can be fired for any legal reason. Youll get a host ofother team management tools when you use Homebase too, like team messaging, time tracking for easier payroll, and much more. The base wage is the current State Minimum Wage for the applicable region. If I am a farm worker, how much is my employer required to pay me? This law exists to prevent employer abuses of their employees time. Homebase is the only team management and scheduling app that has built-in functionality for compliance with New Yorks spread of hours law. Itll then be much less likely for an employees workday to extend pass 10 hours. What to Know About the Titan Submersible - The New York Times Does that mean I don't have to be paid minimum wage? Its really that simple. Effortlessly schedule and track your team's time with Homebase. Titanic , the biggest steamship in the world at the time, hit an iceberg four days into its first trans-Atlantic voyage in April 1912. One extra hour of pay at the basic minimum wage rate, because the start to finish time (the spread of hours) of the work day exceeded ten hours. For employees outside of the hospitality industry, which could include work such as construction, security guard and fire guard, mechanic, and others, you are entitled to Spread of Hours only if you are paid the minimum wage. In New York, for example, the state minimum wage is $12.50 per hour. Under the New York States Spread of Hours law, employers are required to pay an extra hour of minimum wage compensation if an employees total workday is more than 10 hours long. Discrimination means that you were treated poorly based on your protected class. Wages and pay | New York State Attorney General Am I legally entitled to a wage higher than the minimum wage, such as the "prevailing wage" or a "living wage"? Examples of retaliation is the termination of other contracts by the client or intimidation, discipline, harassment, or other penalties. Hourly service industry occupations covered by the law would include: If youre in New York State and employ anyone with one of those job titles, theyre probably covered under the Spread of Hours law. Now, they're getting a raise. It sank to the bottom of the . Spread of hours payments arent connected to tip credits and are mostly unrelated to any overtime payments. If your job is one where you are perform tipped work at least 80% of the time, then you are subject to what is known as the Remember:This is not legal advice. An employee shall receive one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage required in this Part for any day in which: (a) the spread of hours exceeds 10 hours; or (b) there is a split shift; or (c) both situations occur. However, other factors such as overtime, and exempt employees further complicate this process. This is what a pay stub typically looks like: Did you know that your employer must provide you with a Hiring Notice when you're hired? Spread of Hours | Waiter Pay Now, lets say Vicky starts her shift at 9:00 a.m. and works until 1:00 p.m. (a total of four hours), then starts her second shift at 2:00 p.m. and works until 6:00 p.m. (four additional hours). Federal and State law prohibit discrimination in the workplace. Ashleys total workday spans nine hours and 30 minutes, so shedoes notreceive spread of hours pay. Violating the Spread of Hours law has proven to be quite costly for certain employers in New York. For example, employees performing work on a public works project usually construction projects performed for a government or public agency may be entitled to a prevailing wage determined by the New York State Department of Labors Bureau of Public Work or (for jobs in New York City) the New York City Comptrollers Bureau of Labor Law. Employers who retaliate against workers for reporting violations are subject to a $10,000 penalty per violation, in addition to being liable for lost compensation and up to $10,000 per violation in liquidated damages. (This example assumes that the employee does not work more than 40 hours in the week in question and, therefore, is not entitled to overtime pay.) Some positions, however, are exempt from the rule if they have a high enough pay rate well cover that exception to the rule later in the examples section. Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2022 Piledriver $ 58.16 + 9.54* Dockbuilder $ 58.16 + 9.54* *This portion is not subject to overtime premiums SUPPLEMENTAL BENEFITS Page 4 Prevailing Wage Rates for 07/01/2022 - 06/30/2023 Published by the New York State Department of . (A meal period of one hour or less is not considered a break in consecutive hours.) These tests set forth minimum criteria in order for an internship to be . It is important to note that you MUST include meals and break time in the spread of hours count. This way you can make sure you arent scheduling anyone longer than 10 hours in one day. Our timesheet app automatically tracks hours worked, as well as breaks and overtime, whether you operate with monthly or weekly timesheet templates. You regularly receive tips as part of your job. The Coast Guard said in a brief statement on Twitter that some of the remote-operated vehicles involved in the search had been relocated in an attempt to determine the origin of the sounds. Employers must not request on-call shifts or call-in shifts from employees within 72 hours of the start of the shift. 2023 Pioneer Works, Inc. All Rights Reserved. The handling of tips is subject to regulation for the first time in New York State. In the restaurant business, the concept applies equally across all hourly employees. Federal law excludes some types of employees from the requirement to receive one and one-half times their regular rate of pay. The law is designed to provide payment to those whose shifts are spread over a certain number of hours, whether the hours worked are performed in one straight shift or divided between two in a split-shift situation. You can also contact the Labor Bureau by submitting alabor-related complaint. Additional Hour At Minimum Wage Not Owed Under New York's "Spread Of New York's Spread of Hours Law | Fingercheck`s Blog We work to get you the money you deserve, and we only get paid if you get paid. If you are given less than one uniform for each shift you work, then you are likely entitled to Uniform Maintenance Pay. Its important for hospitality industry employers to note that since spread of hours pay is at the full minimum wage rate, they may not apply any credits/allowances such as those for tips, meals, and lodging to the spread of hours payment. As spread-of-hours pay equals the minimum wage, beginning December 31, 2015, the spread-of-hours payment is $9.00. Paychex tiene el compromiso de brindar recursos para la comunidad hispanohablante. Employers must pay a $100 premium for employees who close a business location and then openthat location the following day. An employee works 7:00 am to 10:00 am, then again from 7:00 pm to 10:00 pm in the same workday. Am I entitled to it? 4A fast food establishment is a business that primarily serves food or drinks, offers limited service, where customers order and pay before eating, and is part of a chain of 30 or more establishments nationally. This means that the timeframe includes working time, breaks, time off for meals, and split shifts. Players returning from LIV Golf is part of Saudis' agreement - WTOP Can they do this? By way of example: An employee who currently earns $8.75/hour works a 12-hour spread, in which he has 11 hours of working time. Who is required to follow Spread of Hours laws? Missing Submersible Vessel Disappears During Dive - The New York Times ? Even without a contract, some workers may be legally entitled to a wage higher than the minimum wage, depending on the type of work and location. Am I entitled to overtime pay? Examples of a spread of hours greater than 10 are: 7 a.m. - 10 a.m., 7 p.m. - 10 p.m. = 6 hours worked but a 15 hour spread; 11:30 a.m. - 3 p.m., 4 p.m. - 10:00 p.m. = 91/2 hours worked but a 101/2 hour spread. Spread of hours pay is an extra hour of pay at the minimum wage rate that must be paid to certain non-exempt employees (i.e., employees who must be paid overtime wages) when the interval between the beginning and end of an employees workday (the so-called spread) exceeds 10 hours. If you are paid above minimum wage, and do not work in the hospitality industry, then through a quirk of New York law, you are not entitled to Spread of Hours Pay. JPMorgan Reaches $290 Million Settlement With Epstein's Victims - The New York City Administrative Code section 20-1201. If you were making less money per hour based on this chart, call Bouklas Gaylord LLP today. We can help recover the wages you should have earned, with interest, penalties, and other fees. The spread of hours compensation needs to be equal to the minimum wage in the area. . The first shift starts at 11:00 am to 2:00 pm, and then they come back at 5:00 pm and work until 10:00 pm. If you are not a current client of the Law Office of Kristine A. Sova, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. If the employee works in an executive or administrative capacity, see NYCRR title 12, section 141-3.2(c). For example, if a restaurant waiter in New York City works a double shift (the first shift running from 11:00 a.m. to 2:00 p.m. and the second shift running from 5:00 p.m. to 10:00 p.m.), that waiter is entitled to: Regardless of a hospitality industry employees pay rate, if they are entitled to spread of hours pay, they would receive it at a rate equal to the basic minimum wage rate. If you work under a contract either a collective-bargaining agreement or an individual contract then the employer must pay you the wage the contract calls for. It is not well-known among employers because the spread rules are not found in the New York Labor Law, but rather, in industry-specific wage orders promulgated by the Commissioner of Labor. It depends on your job. Bouklas Gaylord LLP is one of the leading law firms in New York State prosecuting uniform maintenance pay and uniform reimbursement violations, with several class actions either settled or pending in Supreme Court. Spread of hours pay is not included in regular rate calculations for purposes of determining overtime pay, since it is not considered payment for time worked. Bouklas Gaylord LLP has successfully litigated numerous cases involving spread of hours pay and has settled or recovered over . Wages and Hours Frequently Asked Questions - Department of Labor Its worth noting, though, that as the minimum wage in New York state increases, so too will your spread of hours payments to your employees, adding to your labor costs. The time includes both time spent on workplace entitlements and obligations as well as meal breaks or off-duty hours. Spread of hours pay is the extra compensation an employer gives to an employee if their workday exceeds 10 hours from the beginning of their first shift to the end of their last. Work a split shift? You might deserve more pay. Easily track employee hours and more with the free Homebase app. The trend of working from home has created a new business paradigm, pushing employers to creatively and effectively manage their businesses while honoring their employees newfound flexibility. This happens often with restaurant employees taking breaks between the lunch and dinner shifts or hourly workers who make home visits and tend to multiple patients in one day. Risky Scheduling - Two Shifts in One Workday Here, the employee is not entitled to an extra hour of pay for spread of hours because the employee is sufficiently compensated with $96.25 for 11 hours of work at his wage rate of $8.75/hour. For more information, visit https://labor.ny.gov/ui/dande/ic.shtm. Is there any limit on how long an employer can make me work? The rule is not actually paying for labor itself, simply compensation in exchange for an employee who must remain work ready on any given day, even if they are not actually working. These protected classes include: Race Religion Color Age Sex Pregnancy National origin Sexual orientation Marital status Familial status And more The New York State Human Rights Law, the Civil Rights Act, the Age Discrimination in Employment Act, among other laws, are designed to protect people from harassment and discrimination.
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