Does the spread-of-hours rule apply to all New York employees?

No. The spread-of-hours premium under 12 NYCRR Part 146 applies only to employees covered by the Hospitality Wage Order — primarily employees in restaurants and hotels. It does not apply to all New York workers.

What is New York call-in pay?

Under 12 NYCRR § 146-1.5, a hospitality employee who is required to report to work must receive at least 3 hours of pay at the minimum wage, even if sent home early.

What is the current New York minimum wage for spread-of-hours purposes?

Effective January 1, 2026, the statewide New York minimum wage is $16.00 per hour. NYC, Long Island, and Westchester have a higher rate of $17.00 per hour. The spread-of-hours premium is calculated at the applicable minimum wage for the employee's location.

State

StateAll New York tools

New York's Hospitality Wage Order (12 NYCRR § 146-1.6) entitles restaurant and hotel employees to one additional hour of pay at the basic minimum wage when the spread of hours in a workday exceeds 10 hours; § 146-1.5 requires at least 3 hours of call-in pay at the minimum wage when an employee reports to work. — Source: NYSDOL Hospitality Wage Order (12 NYCRR Part 146)

New York Hospitality Wage Order

New York Spread-of-Hours and Call-In Pay

New York's Hospitality Wage Order (12 NYCRR Part 146) creates two schedule-based pay requirements for restaurant and hotel employees: a spread-of-hours premium when the workday spans more than 10 hours, and a minimum call-in pay guarantee when an employee reports to work. These rules apply to hospitality workers only — not all New York employees.

Scope: This calculator applies to employees covered by the New York Hospitality Wage Order (12 NYCRR Part 146) — primarily restaurant and hotel employees. It does not apply to all New York workers. It does not determine industry coverage, overtime, tip credit calculations, or other wage rights.

Enter your shift details

Your regionSelect the region where you work. NYC, Long Island, and Westchester have a higher rate. Rates from NYS DOL, effective Jan 1, 2026.Applicable minimum wage ($/hr)Auto-filled when you select a region above. You may override if your location uses a different verified rate.Your hourly rate ($/hr)Enter your regular hourly pay rate.Total spread of hours today (hrs)Measure from the start of your first shift to the end of your last shift, including any gap between shifts.Hours actually workedTotal hours actually worked (not counting unpaid breaks or gaps between shifts).

Call-in pay I reported to work but received fewer than 3 hours of work

Spread-of-hours premium (§ 146-1.6)

When the spread of hours from the start of the first shift to the end of the last shift in a single workday exceeds 10 hours, the employee is entitled to one additional hour of pay at the basic minimum wage. This rule uses the minimum-wage floor method: compare wages already paid for the day against the minimum wage for all hours worked plus one additional hour. Only if wages fall below that floor is a premium owed — employees earning well above minimum wage often receive no additional payment.

Spread-of-hours formula

Minimum floor = minimum wage × (hours worked + 1) Wages paid = hourly rate × hours worked Premium = max(0, minimum floor − wages paid)

Worked example

Hospitality employee — split shift spanning 11 hours

Spread = 11 hours (premium applies — exceeds 10) Hours actually worked = 7 Hourly rate = $16.00 (minimum wage) Wages paid = $16.00 × 7 = $112.00 Minimum floor = $16.00 × (7 + 1) = $128.00 Premium = $128.00 − $112.00 = $16.00

Hospitality employee earning above minimum wage

Spread = 11 hours (premium rule triggered) Hours worked = 7 Hourly rate = $18.00 Wages paid = $18.00 × 7 = $126.00 Minimum floor = $16.00 × (7 + 1) = $128.00 Premium = $128.00 − $126.00 = $2.00

Call-in pay (§ 146-1.5)

Under § 146-1.5, when a hospitality employee is required to report to work — whether for a scheduled shift or at the employer's request — the employee must receive at least 3 hours of pay at the applicable minimum wage, even if sent home early or given no work. Only the shortfall relative to what was already paid is owed as call-in pay.

How New York differs from California

California's reporting-time pay applies broadly to all covered employees under IWC wage orders. New York's spread-of-hours and call-in pay rules are narrower — they apply to employees under the Hospitality Wage Order specifically. California's split-shift premium also uses the same floor method, but California's minimum wage and the breadth of coverage are different. These two states' rules should not be conflated.

What this does not determine

Whether you are covered by the Hospitality Wage Order (12 NYCRR Part 146) versus another New York wage order.
Overtime, tip credit, service charge treatment, or uniform allowance requirements under Part 146.
Whether a collective-bargaining agreement modifies these rules.
Meal break requirements under NY Labor Law § 162 (a separate rule).

Sources and verification

Rules are drawn from 12 NYCRR Part 146 — Hospitality Industry Wage Order (NYSDOL). Spread-of-hours: § 146-1.6. Call-in pay: § 146-1.5. The statewide minimum wage of $16.00/hr effective January 1, 2026, is confirmed from dol.ny.gov/minimum-wage. NYC/Long Island/Westchester rate: $17.00/hr effective January 1, 2026.