New York hospitality wage order: spread of hours, call-in pay and uniforms

Most restaurant owners in New York know the minimum wage and the tip credit. Fewer know that the state's Hospitality Industry Wage Order, 12 NYCRR Part 146, adds three payments that apply even to workers paid well above the minimum: spread of hours, call-in pay and uniform maintenance. They are a common source of claims. This guide, checked in October 2026, explains each in general terms. It is general information and not legal advice. We do not give dollar amounts for the uniform allowance. Read section 146-1.7 and check the Department of Labor.

Who is covered?

The wage order covers restaurants and all-year hotels across the state. The spread-of-hours rule is in section 146-1.6; ask the Department of Labor whether it applies to your higher-paid staff. Exempt employees, such as properly classified executives, are generally outside these rules. Check classification carefully, because a title does not make someone exempt, and ask the Department of Labor how call-in pay and the uniform rules apply to your staff.

What is spread-of-hours pay?

Spread of hours is the time from the start to the end of the workday, and long spreads can trigger an extra hour of pay under section 146-1.6. Read the section or ask the Department of Labor for the trigger and the rate before you set payroll. The rule matters most on split shifts, where a worker comes in for lunch, leaves and returns for dinner, because the gap in the middle counts toward the spread.

What is call-in pay?

When an employee reports for work at the employer's request, the employer must pay a guaranteed minimum even if the employee is sent home early. Section 146-1.5 sets three hours for one shift, six hours for two shifts totaling six hours or less, and eight hours for three shifts totaling eight hours or less, capped at the length of the regular scheduled shift. The floors apply whether or not the employee is given actual work. The key is to schedule carefully and to avoid sending people home after a short time. If a slow evening is likely, tell staff not to come in before they leave home, and record that you did.

What is uniform maintenance pay?

Part 146 also contains a uniform maintenance provision, in section 146-1.7. In general, if you require employees to wear a uniform and do not launder it, an allowance may be owed, and what counts as a uniform is defined in the order. Read that section on the Department of Labor's Part 146 document, and ask the department for the current allowance amounts. You can avoid the question by providing and laundering uniforms or by using ordinary clothing standards.

How do you spot a problem in your payroll?

Run a report that lists every shift over ten hours and every split shift. Check whether payroll added the extra hour. Look at days when staff were sent home early, and check the call-in pay. Check that your uniform policy and payments match. A payroll provider may not apply these rules automatically, so ask it directly.

What are the risks?

Employees can claim unpaid wages, with interest and penalties, and may bring claims together. The state's wage law allows additional damages, so a small unpaid amount can grow. Records matter: keep time records, schedules and payroll for as long as your lawyer advises, which is often longer than the minimum.

How should you fix it?

Talk to an accountant or lawyer, pay any back wages you owe, correct your system and document the change. It is better to fix an error yourself than to wait for a claim.

How a split shift creates a spread

Picture a line cook who works the lunch rush, goes home in the afternoon and comes back for dinner service. The spread runs from the first start of the day to the last finish, so the afternoon gap counts. If that span is more than ten hours, the extra hour is owed at the basic minimum wage even though the cook earns well above it. If payroll treats the two shifts as separate and ignores the span, the cook is underpaid for every such day, and over a year the sum is real money, with interest and damages if a claim is made.

Setting up payroll to catch these

Ask your payroll provider to flag any workday with a span above ten hours, and add the extra hour automatically. Record the time of every clock-in and clock-out, not just the hours. Ask whether the system pays call-in time when a shift is cut. Put the uniform policy in writing and confirm that any allowance shows up on the pay stub. Review one payroll a quarter by hand to confirm that the settings work. If you find an error, correct it and keep a note of what you changed.

If you employ staff at several locations, apply the same checks at each. Ask the Department of Labor, or your accountant, how call-in pay and spread of hours are calculated for tipped workers, because the answer affects how your system must be set up.

More guides for your business:

• New York sales tax on restaurant meals, tips and service charges
• New York gift card rules for restaurants: the nine-year minimum
• New York weekly pay rule for restaurant cooks and manual workers

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