Complying with New York’s “Spread of Hours” and “Split Shift” Regulations



Compliance with New York’s “Spread of Hours” & “Split Shift” Regulations 

As a home healthcare operator, you’re already aware that state minimum wage increases took effect on December 31st, 2016, and are scheduled to continue increasing in upcoming years. As such, it is recommend that organizations revisit their compliance to “spread of hours” and “split shift” guidelines.

According to New York state’s Department of Labor (Title 12 NYCRR 142) “an employee shall receive one hour’s pay at the basic minimum hourly wage rate, in addition to the minimum wage for any day in which the ‘spread of hours’ exceeds 10 hours or there is a ‘split shift’.”

The spread of hours is defined as “the interval between the beginning and end of an employee’s workday, including working time plus time off for meals plus intervals off duty.” A split shift is defined as “a schedule of daily hours in which the working hours required or permitted are not consecutive,” while no meal period of one hour or less shall be considered an interruption of consecutive hours.

For example, an employee who works from 8:00 am to 7:30 pm with a standard one-hour meal period (10.5 hours worked) would be entitled to an extra hour of minimum wage pay to remain compliant with “spread of hours” guidelines. Also, for “split shift” guidelines, an employee who works two shifts in a given day, separated by a break that’s greater than a standard lunch period, would be entitled to the additional hour of pay, even in cases where the total hours does not exceed 10.

However, for employees where their hourly rate is above the minimum wage, the additional pay may be used to offset the premium pay requirement.



ADS Action - Paid Family Leave


Read below to learn more about what Advanced Data Source is doing in response to this update.
Home Healthcare Operators,
We’ve Got You Covered
ADS as your partner helps you remain compliant with “spread of hours” (SOH) and “split shift” (SS) pay requirements.

  • We have recently implemented system enhancements to automate how you remain complaint and to help ensure every dollar is paid accurately, including…
  • (A) automatically determining if hours or visits are subject to SOH or SS guidelines,
  • (B) identifying pay rate requirements based on the county worked,
  • (C) applying an additional pay record based on whether the minimum pay has been met or requires additional payment,
  • (D) automatically managing “look-back” calculations to determine if hours from prior weeks are subject SOH or SS guidelines.
  • Register – To register for SOH or SS implementation, please complete the following form:
  • For more information from the NY DOL regarding this topic, minimum wage rate changes, and Title 12 NYCRR 142, click here.


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