A “clopening” shift happens when an employee is scheduled to close a workplace late at night and then return early the next morning to open. These back-to-back shifts often leave workers with little time to rest. In New York City, clopening practices are regulated in certain industries under the Fair Workweek Law, particularly in the fast-food industry. Determining whether clopening shifts are legal in your workplace depends on your employer type and whether required protections are in place.
How Does NYC Law Address Clopening Shifts?
Under the New York City Fair Workweek Law, fast food employers must follow specific rules regarding clopening shifts. Fast-food employers are required to provide at least 11 hours between the end of one shift and the start of the next, unless the employee gives written consent to work with fewer hours between shifts.
If a fast food worker agrees to work a clopening shift with fewer than 11 hours of rest, the employer must pay a $100 premium for that shift.
This rule applies specifically to covered fast food establishments. It does not automatically apply to all industries. Retail employers are subject to other scheduling restrictions, including limits on last-minute cancellations, but the 11-hour rest requirement is specific to fast food under NYC law.
Workers should confirm whether their employer is covered by the Fair Workweek Law before assuming protections apply.
Why Are Clopening Shifts Controversial for Workers?
Clopening shifts can create significant strain for employees. When a worker finishes a late shift and returns early the next day, the limited rest period may affect:
- Sleep and recovery
- Transportation planning
- Childcare arrangements
- Overall job performance
The Fair Workweek Law addresses this issue by requiring rest time or compensation in certain industries. However, not all NYC workers are covered by the 11-hour rule.
Even in industries not covered by the Fair Workweek Law, extreme scheduling practices may still raise wage-and-hour concerns if they involve unpaid work, off-the-clock duties, or failure to pay required premiums.
When Is a Clopening Shift Lawful in NYC?
For fast food workers covered by the Fair Workweek Law, a clopening shift is lawful only if:
- The employee provides written consent to work with fewer than 11 hours between shifts
- The employer pays the required $100 premium for that shift.
Without written consent, the employer may not schedule a clopening shift that provides less than 11 hours of rest.
In other industries, clopening shifts are not automatically prohibited, but employers must still comply with minimum wage, overtime, and scheduling laws. If a clopening shift results in total weekly hours exceeding 40, overtime pay may be required.
What Should Workers Do If They Are Scheduled for Clopening Shifts?
If you are scheduled for a clopening shift in NYC:
- Confirm whether your employer is a covered fast food establishment.
- Review whether you provided written consent.
- Check whether you received the required $100 premium if there are less than 11 hours between shifts.
- Keep copies or screenshots of posted schedules and any communications about consent.
If your employer regularly schedules clopening shifts without required rest time or premium pay, you may have grounds for a Fair Workweek violation.
How Lipsky Lowe Can Help With Fair Workweek Violations
If you believe your employer scheduled clopening shifts in violation of NYC law or failed to pay required premiums, Lipsky Lowe can help:
- Determine whether the 11-hour rest rule applies
- Calculate the unpaid premium pay
- Evaluate overtime implications
- Pursue a legal claim for compensation
Our attorneys represent NYC workers in Fair Workweek and wage-and-hour matters, including claims for improper scheduling, unpaid premiums, and retaliation. Contact us today to explore your legal options.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.
