If the interval between the time you start working and the time you cease working (the spread of hours) is ten hours or more, you are entitled to an extra hour of pay under New York State Law. This is called “Spread of Hours Pay.”
For instance, if you clock in at 10:00am and clock out at 8:00pm or later – regardless of time for meals, or how many breaks you had, or if you left for several hours in the middle of the day because the establishment closed – you are entitled to an extra hour of pay at the minimum wage rate. Most bosses cheat their employees by not paying this extra hour of pay.
If your boss doesn’t pay Spread of Hours Pay, you are entitled to recover double damages, as long as you can prove your boss cheated you intentionally. You can collect damages six years from when you file your complaint, and your boss will likely be personally liable for these damages. He may also be liable for additional damages.
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