NYC clopening premium: the $100 fast-food rule explained
In New York City a fast food employer owes a fast food employee $100 for each instance the employee works two shifts with fewer than 11 hours between them, when the first shift ends the previous calendar day or spans two calendar days (Administrative Code § 20-1231). The employee must request or consent in writing first; the $100 is owed either way.
Open the rest between shifts calculator
Three pairs, worked out
| Pair | Rest | Premium |
|---|---|---|
| Close Mon 09/14 11:00 PM, open Tue 09/15 7:00 AM | 8 h | $100.00 |
| Close Sat 10/31 11:00 PM, open Sun 11/01 9:00 AM (clocks go back) | 11 h | $0.00 |
| Same day: Tue 09/15 6:00 AM to 10:00 AM, then 4:00 PM | 6 h | $0.00 |
The second pair looks like 10 hours on the wall clock, but the clocks go back an hour on 1 November 2026, so the real rest is 11 h: not fewer than 11, no premium. The third pair is two shifts inside one calendar day, which § 20-1231 does not count.
A week of timecards
Sample data: the made-up week on the home page, three people, under the NYC rule: 5 pairs under 11 hours, $500.00.
| Employee | Pairs under 11 h | Premium |
|---|---|---|
| Jo Park | 2 | $200.00 |
| Lee Chen | 1 | $100.00 |
| Sam Rivera | 2 | $200.00 |
Run your own export in the timecard audit with New York City selected, or check one pair in the calculator. The rule text and coverage: New York City clopening law (read 2026-09-30).
Frequently asked questions
- What is the right to rest law in NYC?
- For fast food employees: no two shifts with fewer than 11 hours between them (first shift ending the previous calendar day or spanning two days) unless the employee requests or consents in writing, and $100 for each instance worked.
- Does the NYC clopening rule apply to all restaurants?
- No. It applies to fast food establishments: order and pay before eating, limited service, part of a chain of 30 or more establishments nationally. The employee must work in New York City and not be salaried.
- Is the $100 per shift or per hour?
- Per instance: a flat $100 each time the employee works such a pair of shifts, whatever the shift length or pay rate.
- Is there a New York State right to rest law?
- No statewide rest-between-shifts premium is among the rules read for this site; the New York City rule covers fast food in the city.
More guides
- 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.
- Is clopening illegal? Rest-between-shifts laws by city
Where a close-then-open shift pair costs a premium: rest hours, premium formula and coverage for NYC, Oregon, Seattle, Chicago, Philadelphia, LA and more.
- 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.
- 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.