Philadelphia: 9 hours between shifts
Philadelphia Fair Workweek Employment Standards (Code § 9-4604; Regulations § 7.0). $40 for each shift worked that starts less than 9 hours after the previous day's shift. 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
- $40.00
- Rest between the shifts
- 8 h
- Philadelphia rest window
- 9 h
- Inside the window?
- Yes
$40 for each shift worked that starts less than 9 hours after the previous day's shift. 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.
Consent must be in writing and given in advance; $40 is owed for each such shift worked, and a shift required without consent still earns the $40 (plus possible fines). The Philadelphia rule, coverage and source.
Many shifts? Load the whole timecard file.
The free timecard audit finds every pair for every employee; Pro turns it into an Excel workbook and a printable summary per employee.
Every pair from your file in Excel with live formulas, totals per employee and pay period, and a printable summary per employee. See Pro.
The rule
Employees shall not be scheduled less than nine hours after the end of the previous day's shift, or during the nine hours following the end of a shift that spanned two days unless the employee provides consent and payment of $40. [Regulations § 7.0:] In the event that consent is given and accepted an Employer shall provide an Employee with $40 compensatory pay for each such Shift worked.
Quoted from: City of Philadelphia, Fair Workweek Regulations (final), § 7.0 Right to Rest between Work Shifts, read 2026-09-30.
Who is covered (you decide)
- The employee provides retail trade, food or hospitality services (full time, part time, seasonal, temporary or non-exempt)
- The employer has 250 or more employees and 30 or more locations worldwide
Consent
Consent must be in writing and given in advance; $40 is owed for each such shift worked, and a shift required without consent still earns the $40 (plus possible fines).
How it is counted
The regulations measure the rest from the employee's posted work schedule, not the timecard: load the posted schedule if it differs from the punches.
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 Philadelphia's 9-hour window. The premium is $40.00 for the shift.
A whole week for every employee: the timecard audit with Philadelphia 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
- Philadelphia: City of Philadelphia, Fair Workweek Regulations (final), § 7.0 Right to Rest between Work Shifts — https://www.phila.gov/media/20200201213828/Fair-Workweek-Regulations-Final.pdf, read on 2026-09-30
- Philadelphia (2): City of Philadelphia, Fair Workweek FAQ, Right to Rest Between Work Shifts — https://www.phila.gov/media/20200423224507/Fair-Workweek-FAQ.pdf, read on 2026-09-30
- Philadelphia (3): City of Philadelphia, Fair Workweek notice poster (January 2024), coverage and violations — https://www.phila.gov/media/20240126120248/Notice-Poster-to-Employees-Fair-Workweek.pdf, read on 2026-09-30
Frequently asked questions
- How many hours between shifts in Philadelphia?
- 9 hours. $40 for each shift worked that starts less than 9 hours after the previous day's shift. After the previous day's shift.
- Is clopening illegal in Philadelphia?
- Not banned: Consent must be in writing and given in advance; $40 is owed for each such shift worked, and a shift required without consent still earns the $40 (plus possible fines).
- Who does the Philadelphia rule cover?
- The employee provides retail trade, food or hospitality services (full time, part time, seasonal, temporary or non-exempt); The employer has 250 or more employees and 30 or more locations worldwide. 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.