New York · miscellaneous industries · 12 NYCRR 142-2.3 / 142-2.4 · not hospitality 146
Non-hospitality New York is four hours at the basic minimum wage when you report, and one extra minimum-wage hour if the day is a split, a spread over 10, or both.
12 NYCRR § 142-2.3 (Westlaw 12 CRR-NY 142-2.3, through 15 December 2022): an employee who by request or permission reports for work is paid for at least four hours, or the regularly scheduled shift if shorter, at the basic minimum hourly wage — not the regular rate, not 3/6/8. § 142-2.4: one extra hour at basic MW for spread over 10 hours, or a split shift, or both (not stacked). Split (142-2.17): non-consecutive daily hours; a meal of one hour or less is not a split. Spread (142-2.18): first-in to last-out including meals and off-duty. 2026 basic MW: $17 NYC / Long Island / Westchester, $16 rest of New York (DOL, 1 January 2026). Not hospitality call-in and not hospitality spread.
Sourced lines (re-fetched 28 Aug 2026 PT)
The official dol.ny.gov CR142 HTML and PDF were Cloudflare-403 this pass (same TLS/403 pattern as CR146). This page is pinned to the fetched Westlaw and Cornell sentences, the same pattern used to ship 146-1.5.
- Westlaw 12 CRR-NY 142-2.3 — full call-in body, current through 15 December 2022: “paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.”
- Cornell LII 12 NYCRR 142-2.4 — one hour at basic MW if spread exceeds 10 hours, or there is a split, or both.
- Cornell LII 142-2.17 — split = daily hours not consecutive; meal of one hour or less is not an interruption.
- Cornell LII 142-2.18 — spread = first-in to last-out including meals and off-duty intervals.
Reports, scheduled 8h, furnished 1h NYC @ $20 → 1h × $20 + 3h × $17 = $71
Split 7:00–11:00 and 15:00–19:00 (4h gap) @ $20 NYC, 8h → 8h × $20 + $17 (one MW hour). Same day also spread >10: still one extra MW hour.
30-minute meal-out between two shifts: not a split; spread is still first-in to last-out.
In scope
- Miscellaneous industries Part 142 (offices, retail, warehouses — not hospitality 146)
- 4-hour call-in floor, or regularly scheduled if shorter, at basic MW
- Hours worked at the regular rate; unworked floor hours at basic MW
- One extra MW hour for split or spread>10 or both
- Meal of one hour or less is not a split
- 2026 basic MW $17 / $16
Out of scope
- 12 NYCRR 146-1.5 hospitality 3/6/8 call-in (separate page)
- 12 NYCRR 146-1.6 hospitality spread-only (separate page)
- NYC Fair Workweek
- Invented CR142.pdf text (the official URL 403’d)
- Paying the entire 4-hour floor at the regular rate
FAQ
What is New York miscellaneous call-in pay under 12 NYCRR 142-2.3?
Westlaw 12 CRR-NY 142-2.3 (current through 15 December 2022) and Cornell LII: an employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage. Not hospitality 146-1.5 (3/6/8 at the applicable rate). Official dol.ny.gov CR142 was Cloudflare-403; this page is pinned to Westlaw and Cornell.
Is the four-hour floor all at minimum wage, or attendance at my regular rate plus the balance at MW?
142-2.3 has no 146-1.5(b) split. The four-hour quantum is at the basic minimum hourly wage. Hours actually worked are still paid at the regular rate. Unworked floor hours are at basic MW. Example: reports, scheduled 8 hours, furnished 1 hour in NYC at $20 → 1 hour × $20 + 3 hours × $17.00 (DOL, 1 January 2026) = $71.
Do split and spread-over-10 stack as two extra hours?
No. 12 NYCRR 142-2.4: one hour’s pay at the basic minimum hourly wage for any day the spread exceeds 10 hours, or there is a split shift, or both. One hour even if both. A split is non-consecutive daily hours; a meal of one hour or less is not a split (142-2.17). Spread is first-in to last-out including meals and off-duty (142-2.18).
Is this hospitality call-in or New York spread-of-hours?
Neither. Hospitality call-in is 12 NYCRR 146-1.5 (3/6/8 at the applicable rate) at /new-york-hospitality-call-in/. Hospitality spread-of-hours is 146-1.6 at /new-york-spread-of-hours/. This page is miscellaneous Part 142 only.
