N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 146-1.6 - Spread of hours greater than 10 in restaurants and all-year hotels
The spread of hours is the length of 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. 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.
(a) On each day on which the spread of hours
exceeds 10, an employee shall receive one additional hour of pay at the basic
minimum hourly rate.
(b) The
additional hour of pay shall not be offset by any credits for meals or lodging
provided to the employee.
(c) The
additional hour of pay is not a payment for time worked or work performed and
need not be included in the regular rate for the purpose of calculating
overtime pay.
(d) This section
shall apply to all employees in restaurants and all-year hotels, regardless of
a given employee's regular rate of pay.
Notes
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