New York's labor laws impose numerous obligations on employers that extend beyond minimum wage and overtime. One lesser-known but increasingly enforced requirement is the “spread of hours” rule, found in the Minimum Wage Order for Miscellaneous Industries and Occupations (12 NYCRR Part 142).

Essentially, the rule requires employers to pay an additional hour of compensation at the basic minimum hourly wage rate when an employee's workday extends more than ten hours, or when an employee works a split shift. Veterinary practices fall within its scope because they are covered by the Miscellaneous Industries Wage Order, the default order for many private-sector employers. Given the long days, emergency coverage, and split scheduling common in veterinary hospitals, this is a rule owners should watch closely.

What does the rule require?

The “spread of hours” is the length of the interval between the beginning and end of an employee's workday, and includes all working time, meal breaks, rest periods, and intervals off duty (12 NYCRR § 142-2.18). When that interval exceeds ten hours, the employer must pay one additional hour at the basic minimum wage rate (12 NYCRR § 142-2.4). Importantly, this extra hour is not considered time worked and does not count toward overtime — it is simply a separate payment for the interval exceeding ten hours.

Two primary scenarios trigger the requirement in veterinary practices:

1. Long shifts (more than 10 hours). This is the more common scenario. The rule is triggered whenever the total span from when an employee begins work to when the workday ends exceeds ten hours, regardless of whether the employee worked the entire duration. Unpaid lunch breaks and rest periods still count toward the spread.

A technician who clocks in at 6:00 a.m. and works until 5:30 p.m. has an 11.5-hour spread — triggering the extra hour of pay, even though it isn't overtime.

A receptionist who works 8:00 a.m. to 7:00 p.m. with a two-hour unpaid lunch has worked only nine hours, but the eleven-hour spread still triggers the additional hour at minimum wage.

2. Split shifts. A “split shift” is a schedule of daily hours in which the required or permitted working hours are not consecutive, exclusive of meal periods of one hour or less (12 NYCRR § 142-2.17). A split shift independently triggers the extra hour of pay even if the total spread is under ten hours (12 NYCRR § 142-2.4(b)). A veterinary assistant working 8:00 a.m.–12:00 p.m. and then 6:00 p.m.–10:00 p.m. has a fourteen-hour spread but only eight hours worked — the extra pay is owed.

The obligation is triggered by the length of the workday or the fact that the shift is split, and is not affected by which party requested the schedule. If an employee prefers longer days for a shorter week, or needs to split a shift for family reasons, the employer is still responsible for the additional hour.

The offset for higher-paid employees

The Wage Order permits an offset for employees whose compensation already exceeds the statutory threshold. Courts and the New York State Department of Labor have held that the premium does not apply if an employee's total daily compensation exceeds the state minimum wage multiplied by the hours worked, plus one additional hour at minimum wage (see Doo Nam Yang v. ACBL Corp., 427 F. Supp. 2d 327 (S.D.N.Y. 2005)). In practical terms, higher-paid employees may already satisfy the obligation through their regular wages; for those at or near minimum wage, the extra hour must be paid.

Penalties and claims for non-compliance

The consequences of non-compliance are significant. Under New York Labor Law § 198, employees can recover up to six years of unpaid spread-of-hours back pay, plus liquidated damages equal to 100% of the unpaid wages — meaning a court can award double the amount owed. The Wage Theft Prevention Act provides additional civil penalties of up to $5,000 per willful violation, and the Department of Labor may post a summary of violations publicly for 90 days. Employers who fail to provide accurate wage statements may face further penalties under NYLL § 195.

What should veterinary practices do?

Review your scheduling practices, ensure proper timekeeping, and confirm that payroll systems account for both the spread-of-hours and split-shift requirements. When additional payments are due, it is best practice to show them as a separate line item on wage statements, which clearly documents the extra pay and demonstrates compliance. Given how common long days and non-consecutive schedules are in veterinary work, it pays to get ahead of compliance issues before they become costly claims.

For more information, or for help reviewing your scheduling and payroll practices, contact Matthew L. Hosford at (518) 462-0110 ext. 1446 or mhosford@lippes.com, and Kennedy A. Farr at (716) 853-5100 ext. 1313 or kfarr@lippes.com.

Please note that this article is for general, informational purposes, is not legal advice, and does not create an attorney-client relationship. Because each situation is unique, readers should not take or refrain from taking any action based on this article without first seeking advice from competent counsel.