Is clopening illegal? Rest-between-shifts laws by city
Clopening (closing one night, opening the next morning) is not banned outright anywhere in this list. In 9 places a covered employer must leave a minimum rest between the two shifts unless the employee agrees, and pays a premium when the shift is worked anyway: a flat amount per shift or a higher rate. Here are the rules, as read on each city's or state's own page on 2026-09-30.
Open the clopening laws by city
The rules side by side
| Jurisdiction | Rest | Counts | Premium | In force since |
|---|---|---|---|---|
| New York City | 11 h | After the previous day's shift | $100 per shift | 2017-11-26 |
| Oregon | 10 h | After the previous day's shift | Time and a half on hours inside the window | see source |
| Seattle | 10 h | After the previous day's shift | Time and a half on hours inside the window | 2017-07-01 |
| Chicago | 10 h | After the previous day's shift | 1.25 times the rate on the whole next shift | see source |
| Philadelphia | 9 h | After the previous day's shift | $40 per shift | see source |
| Los Angeles (city) | 10 h | After the previous day's shift | Time and a half on the whole next shift | 2023-04-01 |
| Los Angeles County (unincorporated) | 10 h | After any previous shift | Time and a half on the whole next shift | 2025-07-01 |
| Emeryville | 11 h | After the previous day's shift | Time and a half on hours inside the window | 2017-07-01 |
| Evanston | 11 h | After any previous shift | Time and a half on hours inside the window | 2024-01-01 |
"After the previous day's shift" means the rule counts a shift that follows a shift from the day before, or one that ran past midnight; two shifts inside one calendar day (a split shift) are not counted there. Los Angeles County and Evanston count from any previous shift.
What the premium comes to
Sample data: a 3 PM to 11 PM close, then a 7 AM to 3 PM open at $20 an hour, 8 hours of rest. The premium is what each rule adds over straight time:
| Jurisdiction | Premium |
|---|---|
| New York City | $100.00 |
| Oregon | $20.00 |
| Seattle | $20.00 |
| Chicago | $40.00 |
| Philadelphia | $40.00 |
| Los Angeles (city) | $80.00 |
| Los Angeles County (unincorporated) | $80.00 |
| Emeryville | $30.00 |
| Evanston | $30.00 |
Who is covered
Every rule is limited by industry and size: fast food chains of 30 or more locations in New York City, retail, hotels and food service with 500 or more employees in Oregon and Seattle, seven industries with 100 or more employees and a pay ceiling in Chicago, and so on. Each page lists the conditions: New York City, Oregon, Seattle, Chicago, Philadelphia, Los Angeles (city), Los Angeles County (unincorporated), Emeryville, Evanston.
Checking your own schedule
Load your timecard export in the timecard audit: it finds every close-then-open pair per employee and applies the rule you pick, in your browser.
Frequently asked questions
- Is clopening illegal?
- Not as such. Where a rest-between-shifts rule applies, the employee may decline the shift and, if they work it, the employer owes a premium. Outside those places and outside the covered industries, these rules do not apply.
- Are there clopening laws in California?
- Not statewide in this list. The City of Los Angeles and unincorporated Los Angeles County (retail, 300+ employees globally) and Emeryville (retail and fast food) have rest-between-shifts premiums.
- Is there a clopening law in Washington state?
- Seattle's Secure Scheduling Ordinance has one (10 hours, time and a half, retail and food service with 500+ employees worldwide). No statewide rule is in this list.
- Is there a clopening law in Florida?
- None of the rules read for this list is in Florida. Check with your city and the state for any other scheduling rule.
- What about Illinois?
- Chicago (10 hours, 1.25 times the rate for the whole next shift) and Evanston (11 hours, time and a half on the hours inside the window). No statewide rule is in this list.
More guides
- The 11-hour rule between shifts: which cities use it
New York City fast food, Emeryville and Evanston require 11 hours between shifts; the others use 10 or 9. The rest windows side by side, with a worked pair.
- NYC clopening premium: the $100 fast-food rule explained
New York City's fast-food rule: fewer than 11 hours between a close and the next shift costs $100 per instance, consent or not. Examples, clock changes included.
- Oregon rest between shifts: the 10-hour rule and time and a half
ORS 653.442: time and a half for every hour worked in the first 10 hours after the previous day's shift, for retail, hotel and food service employers with 500+ staff.
- How to audit your timecards for clopening premiums
Export punches, join meal breaks, sort per employee, measure each gap in real hours and apply the local formula: the audit step by step on a sample week.
Last updated 2026-09-30. 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.