⚡ What is the Spread of Hours Pay?
Spread of Hours Pay is a New York State wage requirement that entitles eligible employees to one extra hour of pay on any workday where their shift, from start to finish (including breaks), exceeds 10 hours. How that extra hour is calculated depends on which wage order applies to your business: the Hospitality Industry Wage Order or the Miscellaneous Industries Wage Order (also referred to as Non-Hospitality).
PUSH has always supported the Hospitality Industry Wage Order, which most of our New York customers fall under. As of July 2026, we now also support the Miscellaneous Industries Wage Order for businesses that fall outside the hospitality industry.
🔎 Do I Need to Make a Change?
For most customers, no change is needed. Your account will continue calculating the Spread of Hours exactly as it does today.
This update is for customers who do not want their Spread of Hours Pay calculated under the Hospitality Industry Wage Order, and would prefer their account use the Miscellaneous Industries Wage Order instead.
💡 | Tip: Not sure which wage order applies to your business? We recommend checking with your legal advisor or visiting the New York State Department of Labor for the latest requirements.
| 📌 | Note: If you wish to have this feature disabled, please contact our Support Team. This means the platform will no longer automatically calculate and add the required pay to payroll. See the Opting Out of the Spread of Hours Calculation section below for more details. |
🔐 Access required
The Spread of Hours feature is available to US customers located in New York with the Payroll Add-On.
There is no setting within your account to change this yourself. Updating your calculation type for Spread of Hours, or disabling it entirely, requires our Support Team to make the update on the backend of your account.
📋 Topics covered in this article:
- Understanding Hospitality vs. Miscellaneous Industries Wage Orders
- Requesting a Change to Your Spread of Hours Calculation
- Opting Out of the Spread of Hours Calculation
- Frequently Asked Questions about New York's Spread of Hours
📚 Related articles:
Understanding Hospitality vs. Miscellaneous Industries Wage Orders
Spread of Hours Pay is a New York State requirement that entitles eligible employees to one extra hour of pay when their workday exceeds 10 hours. New York enforces this requirement differently depending on which wage order applies to your business:
- Hospitality Industry Wage Order: The extra hour of pay is owed to all eligible employees, regardless of their current earnings.
- Miscellaneous Industries Wage Order (Non-Hospitality): The extra hour may be offset by wages already earned above the minimum wage, so it typically applies only to employees paid at or near minimum wage.
⚠️ | Important: New York wage requirements may be updated by the state over time. We recommend checking with your legal advisor or visiting the New York State Department of Labor for the latest requirements.
Requesting a Change to Your Spread of Hours Calculation
If your business chooses to apply the Miscellaneous Industries Wage Order for how Spread of Hours Pay is calculated, instead of the Hospitality Industry Wage Order:
- Contact our Support Team and let them know you'd like to switch your Spread of Hours calculation to the Miscellaneous Industries Wage Order.
- Our Support Team will confirm with you once the update has been made to your account.
- Future payrolls will follow the appropriate calculation for the spread of hours pay. Note this update does not retroactively recalculate past payroll.
💡 | Tip: We recommend reaching out to our Support Team before your next payroll needs to be processed to ensure a timely update.
Opting Out of the Spread of Hours Calculation
If you want the Spread of Hours feature disabled entirely, meaning the platform will not calculate or payout these payments, you can request this in your account.
| ⚠️ | Important: We recommend discussing this with your legal advisor or reviewing the New York State Department of Labor website to ensure you remain in compliance with applicable rules. |
To request that the NY Spread of Hours calculation be disabled:
- A Super Administrator on the account must email our Support Team at support@pushoperations.com with the company name(s) of the account(s) where you'd like the feature disabled.
- Our Support Team will send you a waiver to sign that you are requesting the Spread of Hours feature be disabled in your account(s).
- Once we receive your signed waiver, our team will disable the Spread of Hours calculation for the specified account(s).
Frequently Asked Questions about New York's Spread of Hours
Have more questions about the New York Spread of Hours? This section provides quick answers to help you navigate the process.
💡| Tip: Can’t find what you’re looking for? Check out our Getting Help & Contacting Support article for the latest ways to connect with our team.
Q: Do I need to do anything if I want to keep the Hospitality Industry Wage Order applied?
A: No. If you'd like your account to continue calculating Spread of Hours under the Hospitality Industry Wage Order, no action is needed.
Q: Can I switch my Spread of Hours calculation myself within my account?
A: No. This is configured by our Support Team and isn't something you can adjust from within your account. Note that switching wage orders only changes how Spread of Hours Pay is calculated—it does not disable the feature. Contact our Support Team to request a change, or see the Opting Out of the Spread of Hours Calculation Entirely section above if you'd like to disable the feature entirely.
Q: How do I know which wage order to apply to my business?
A: This depends on how your business operates. We recommend checking with your legal advisor or visiting the New York State Department of Labor website to help determine which wage order applies to you.
Q: Do I need access to the Spread of Hours feature if I am located in another state in the US?
A: No. Spread of Hours Pay is a New York State requirement, so it applies only to businesses operating in New York.
Q: Can I disable Spread of Hours calculation entirely, instead of switching wage orders?
A: Yes. If you'd prefer not to have Spread of Hours Pay calculated at all, you can request that the feature be disabled for your account(s) rather than switching wage orders. See the Opting Out of the Spread of Hours Calculation Entirely section above for details.
Q: Who can request that Spread of Hours be disabled?
A: This request must come from an active Super Administrator. Have them email our Support Team with the company name(s) of the account(s) you'd like disabled.
Q: Do I need to sign anything to disable Spread of Hours?
A: Yes. Our Support Team will send you a waiver to sign, acknowledging that you are requesting the feature be disabled in your account(s). The feature can be disabled once we receive your signed waiver.
Additional Information
Need further help? Refer to our Getting Help & Contacting Support article for the latest support options and ways to connect with our team.
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