⚡ 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. 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.
🔐 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 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
- Frequently Asked Questions
📚 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.
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. Contact our Support Team to request a change.
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.
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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