New York City: 11 hours between shifts
NYC Fair Workweek Law, fast food (Administrative Code § 20-1231). $100 for each instance, with or without the employee's written consent. After the previous day's shift.
Sample data: a 3 PM to 11 PM close, then a 7 AM open. Type your own shifts.
Times in local time; the gap is the real elapsed time, so the nights the clocks change count one hour more or less. Nothing you type leaves this browser.
Result
- Premium owed
- $100.00
- Rest between the shifts
- 8 h
- New York City rest window
- 11 h
- Inside the window?
- Yes
$100 for each instance, with or without the employee's written consent. After the previous day's shift. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.
Written request or consent is needed before the employee works the second shift; the $100 is owed for each instance whether or not the employee consented. The New York City rule, coverage and source.
Many shifts? Load the whole timecard file.
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The rule
Unless the fast food employee requests or consents to work such hours in writing, no fast food employer shall require any fast food employee to work two shifts with fewer than 11 hours between the end of the first shift and the beginning of the second shift when the first shift ends the previous calendar day or spans two calendar days. The fast food employer shall pay the fast food employee $100 for each instance that the employee works such shifts.
Quoted from: NYC Administrative Code § 20-1231 Minimum time between shifts (L.L. 2017/100, effective 11/26/2017), read 2026-09-30.
Who is covered (you decide)
- The workplace is a fast food establishment: its main purpose is food or drink, customers order and pay before eating, limited service
- It is part of a chain of 30 or more establishments nationally (counting an integrated enterprise or a franchisor with its franchisees)
- The employee works in New York City in customer service, cooking, food or drink preparation, delivery, security, stocking, cleaning or routine maintenance, and is not salaried
Consent
Written request or consent is needed before the employee works the second shift; the $100 is owed for each instance whether or not the employee consented.
How it is counted
Counted on the shifts actually worked: the code pays for each instance the employee works such shifts.
In force since 2017-11-26.
Worked example
Sample data: a 3 PM to 11 PM close, then 7 AM to 3 PM the next day at $20 an hour: 8 h of rest, under New York City's 11-hour window. The premium is $100.00 for the shift.
A whole week for every employee: the timecard audit with New York City selected. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.
Sources
- New York City: NYC Administrative Code § 20-1231 Minimum time between shifts (L.L. 2017/100, effective 11/26/2017) — https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36465, read on 2026-09-30
- New York City (2): NYC Administrative Code § 20-1201 Definitions (fast food employee, employer, establishment) — https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36313, read on 2026-09-30
Frequently asked questions
- How many hours between shifts in New York City?
- 11 hours. $100 for each instance, with or without the employee's written consent. After the previous day's shift.
- Is clopening illegal in New York City?
- Not banned: Written request or consent is needed before the employee works the second shift; the $100 is owed for each instance whether or not the employee consented.
- Who does the New York City rule cover?
- The workplace is a fast food establishment: its main purpose is food or drink, customers order and pay before eating, limited service; It is part of a chain of 30 or more establishments nationally (counting an integrated enterprise or a franchisor with its franchisees); The employee works in New York City in customer service, cooking, food or drink preparation, delivery, security, stocking, cleaning or routine maintenance, and is not salaried. Check coverage with the labor office.
- Does a split shift count?
- No: the rule counts a shift after the previous calendar day's shift or after a shift that ran past midnight. Two shifts inside one calendar day are not counted.