I'm wondering, I believe there is a law that states, we have to paid minimum 4 hours if we are sent home by the employer. Clean drinking water must be provided without charge. An official website of the United States government. If you are a tipped worker, particularly a service employee, in New York City, the minimum wage is $12.50 per hour, with a $2.50 credit. Uniform application to industries under 14 Orders, including agriculture and private household employment. Salaried employees may work longer. New York exceeds federal minimums when it comes to wage and hour laws. Excludes, among others, administrators, executives, professionals, travel agents, labor union officials or organizers, certain drivers, domestic service employees, public sector employment, and certain employees covered by collective bargaining agreements. In addition, an employer must adhere to all sick leave terms set out in the employment contract or sick leave policy. NY Admin. New York break laws exceed the federal minimum. The minimum wage and maximum allowable tip credit for food service workers and service workers, as of This Google translation feature is provided for informational purposes only. 12 NYCRR 141. What Home Employment and Labor Laws States New York. Or, you may be a manager, supervisor, or human resources specialist seeking to find out if your organization is compliant with the current rules. The following posters are for employers to post in plain view for industry employees. Employers are also required to provide According to this it looks like you have to be scheduled to work the 4 hours. On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties. ]]>*/, Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector. .table thead th {background-color:#f1f1f1;color:#222;} Employers may also implement a use-it or lose-it policy. There are limits on how long people under age 18 can work, and for some workers, such as drivers, there are safety laws that limit how many hours ofwork is permissible. Strong professional graduate from Penn State Law. The following table summarizes the new minimum wages, by location, effective January 1, 2023: New York City (11+ employees) - $15.00. Rules 142-2.18, New York minimum wage laws require restaurant and all-year hotel employers to pay employees an extra one hours of pay at the standard minimum wage in addition to the pay they receive for hours they work if they work more than 10 hours in a workday. We also offer free educational seminars to employers doing business in New York State. the minimum increment at more than 4 hours. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. Employers must offer sick leave according to the companys size. Specifically, the minimum will increase from $13.00 to $14.00 per hour for employees working in Long Island and Westchester, and from $11.80 per hour to $12.50 per hour for the rest of the state except New York City, where the minimum is already $15.00 per hour and will remain so. For example, if you are scheduled for 7 hours and go home due to lack of work at 2.5 hours, your employer owes you 4 hours. You must also be ready, able, and willing to work and actively seek work, and you must not be unemployed due to any fault of your own. Some occupations are not subject to overtime requirements under both New York state law and the federal This includes fast food workers, nail salon workers, tipped workers, and more. hour, after 5 consecutive hours, unless feasible for employee to eat while working and is permitted to do so by employer. nationally. Hotel room attendants may not be required to work during a break period. Save time! New York follows an at-will employment system. .h1 {font-family:'Merriweather';font-weight:700;} Please review our Privacy Statement and Terms of Use for additional information. 20 minutes for employees who work 6 hours or more in a workday. Shift, occupation, and hourly limits exist on their employment. This law applies only to employers who are engaged in a retail business (or who own retail establishment franchises with the same trade name) with 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The 10-hour spread of hours includes any break, meal, or other off-duty periods. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} No. You can also contact the Labor Bureau using our complaint form. Administratively issued Industrial Welfare Commission Orders, and California Labor Code section 512. For New York State's Minimum Wage in 2022 is $14.20 per hour. Uniform application to all employees except to an employer of a licensed health care facility or an employer who employs less than three people on any shift at the worksite. law. Employees who work in certain retail establishments are entitled to a non-working shift break depending upon the number of hours worked. If the employee works in an executive or administrative capacity, see For an overview of the NYS labor laws and regulations governing the hospitality industry, you may view slides from our Hospitality Industry webinar (PDF). By regulation, the recommended standard is hour after 6 consecutive hours' work in factories, mechanical and mercantile establishments and certain service industries, to be given reasonably close to usual meal time or near middle of shift. For example, employees performing work on a public works project usually construction projects performed for a government or public agency may be entitled to a prevailing wage determined by the New York State Department of Labors Bureau of Public Work or (for jobs in New York City) the New York City Comptrollers Bureau of Labor Law. workplace complaint page, the They will be based on percentage increases determined by the Director of the Division of Budget, based on economic indices, including the Consumer Price Index. 1 hour, if work period is longer than 5 consecutive hours, to begin after end of 2nd but before beginning of 6th consecutive hour worked, except when workday will be completed in 6 hours or less, meal period may be waived. Meal period requirement does not alter or impair collective bargaining agreement in effect on 7/1/90, or prevent a different schedule by written employer/employee agreement. An employees off-duty hours and time off hours combined must give the employee sufficient time to vote while polls are open. If you have specific questions, speak with New York labor lawyers to help you understand your situation. All employees are entitled to a 20 minute mealtime within a six hour work shift, and a 30 minute mealtime within an eight hour work shift. 12 NYCRR Here are some FAQs on New York Wages and Hour laws. Applicable to every employer. 8Where an employer provides lodging or meals, refer to the maximum allowed credits See the New York Paid Family Leave website for more legal information. An employee who works a shift of more than six (6) hours which extends over the noonday (12:00 p.m.) meal period is entitled to at least thirty (30) minutes off within that period for the meal period. Here is more information on New York break laws. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. New York minimum wage laws require employers to count employee travel time as hours worked for purposes of it minimum wage and overtime requirements if the travel is part of the employees duties. farmworkers in other parts of New York State, the minimum wage is $13.20 and set to increase every year December 31, 2021, is below: Maximum Credit for Tips Received (per hour). Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. NY Admin. This document was last revised January 1, 2023. If you suspect that you have been misclassified as an independent contractor, please contact the Labor Bureau using our complaint form. The meal break shall not be scheduled during or before the first hour of scheduled work activity. A copy of this disclaimer can also be found on our Disclaimer page. The Minimum Wage rate varies depending on your region, and is increasing every year until it reaches $15.00. in renting, servicing, cleaning, maintaining, selling, or managing buildings or buildings space, and all related Fast food employee does not include any employee who is salaried. Rules 146-1.5(d). industry, the minimum wage is $15.00 per hour regardless of where they work in the state. If you need additional assistance or want to file a complaint, please call: 1-888-4-NYSDOL (1-888-469-7365). I really appreciated the ease of the system and the immediate responses from multiple lawyers! Employers are required to provide mandatory paid time off for sick leave to their employees, based on the size of the employer. employer does not launder a required uniform, see 12 NYCRR 141-3.11. General. 1 hour noon-day period. Experienced attorney and tax analyst with a history of working in the government and private industry. In the rest of New York State, it is $11 per hour with a $2.20 credit. New comments cannot be posted and votes cannot be cast. Before sharing sensitive information, make sure youre on a federal government site. met: But no tip credit is permitted for fast food employees.7 Tips can Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries. Almost all workers are entitled to overtime pay, but there are some exceptions. The Department of Labor will accept these special situations as compliance with Section 162 where the employee voluntarily consents to the arrangements. All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer. We also offer free educational seminars to employers doing business in New York State. NY Admin. If you are a tipped worker, particularly a service employee, in New York City, the minimum wage is $12.50 per hour, with a $2.50 credit. 312 NYCRR 190. (Secs. Executive and Adminstrative Salaried-Based Exemption, Minimum Salary Required (per week) as of 12/31/202110. The minimum wage is scheduled to increase to $9.50 per hour on July 1, 2023. .manual-search ul.usa-list li {max-width:100%;} hour, if work is for 8 continuous hours. If the employee works in an executive or administrative capacity, see 12 NYCRR NY Admin. An employer may also cap the amount of vacation leave that an employee may accrue over a given period. 160-170.) An administrative penalty of up to $1,000 for each violation may be assessed an employer who discharges or discriminates against an employee for complaining or providing information to the Delaware Department of Labor pursuant to a violation of this requirement. NEW YORK STATE ATTORNEY GENERAL. NYC Admin Code Certain states may, however, require split shift pay in these instances. New York requires a 30 minute noonday lunch period for employees who work shifts of more than 6 hours that extend over the noon day meal period. Rules 142-2.1(b); NY Admin. Applicable to employers of two or more employees. State Laws Federal Laws Topics Articles Resources. These include executive employees, administrative employees, and professional employees. . One Employee Shift: In some instances where only one person is on duty or is the only one in a specific occupation, it is customary for the employee to eat on the job without being relieved. If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked. Read theNYS Division of the Budget Report,theOrder of the Commissioner of Labor, and theProposed Regulatory Text. The State does not require employers to provide workers with severance pay. Unless youre a seasonal worker, your employer may be New York minimum wage laws define a workweek as seven (7) consecutive 24-hour periods or a regular repeating span of 168 hours. Employers may change the start time and day of a workweek if the change is meant to be permanent and not created to avoid overtime pay requirements. However, if an employer offers such benefits to its employees, it must comply with the terms established in the employment contract or vacation leave policy. If an employee has four or more consecutive off-duty hours to vote, it will not be paid. The Attorney General may grant exemption to a factory or workshop or mechanical establishment, if in discretion of the Attorney General it is necessary by reason of continuous process or special circumstance, including collective bargaining agreement. AN ACT in relation to labor, constituting chapter thirty-one of the consolidated laws. There is no general legal limit on how long the employer can require adults to work, but you are entitled to overtime pay for all hours worked after 40 in a work week. hour, if work is for more than 5 hours per day, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period. If an employer requests or permits an employee to report for work on any given day, the employer must pay the employee for a minimum of four (4) hours of work or for the employees entire shift, whichever is less, at no less than the standard minimum wage. Can a new employer ask for my last pay stub? Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector 1. See the New York Bureau of Public Work, Davis-Bacon and Related Acts, McNamara-OHara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages. If you are a food service worker in New York City, the minimum wage is $10 per hour, with a $5 per hour credit. ", "I would recommend Contracts Counsel if you require legal work. The noonday (12:00 p.m.) meal period is recognized as extending from eleven oclock in the morning (11:00 a.m.) to two oclock in the afternoon (2:00 p.m.). A meal period of not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit. Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor. Exempts administrative, executive/supervisor, professional, outside sales employees, elected officials and their staff, companions, casual babysitters, and domestic employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. able to deduct from your wages specific allowances such as for meals and lodging. Employers must pay overtime if workweeks exceed 40-hours. During their meal break, workers must be free of all duties and free to leave the workplace. for at least eight (8) hours for three shifts totaling 8 hours or less, or the number of hours scheduled in a regular shift, whichever is less. An employees career development should not be hindered by holding employers accountable. any other time the employee is free to leave the employers premises but chooses not to. I'm just wondering what loop hole they might be operating around so as to not pay us that four hour minimum when being sent home early. Breaks must be taken midway. Employees are to be given "reasonable opportunities" during work periods to eat and use toilet facilities in order to protect the health and hygiene of the employee. Your employer may be able to pay you less than the normal minimum wage if all of the factors below are In New York City, the minimum wage has already reached $15 per hour. Employment and Education of Child Performers, Grade Crossing Elimination Work; Hours, Wages, Employment and General Requirements, Prevailing Wage For Building Service Employees, Building Construction, Demolition and Repair Work, Special Task Force For the Apparel Industry, Mines and Tunnels; Quarries; Compressed Air, Minimum Wage Standards and Protective Labor Practices For Farm Workers, Minimum Wage Rates For Covered Airport Workers, Labor and Management Improper Practices Act, Psychological Stress Evaluators and Employment, Comprehensive Employment and Training Act Allocation Review Board, New York State Worker Adjustment and Retraining Notification Act, The New York State Construction Industry Fair Play Act, The New York State Commercial Goods Transportation Industry Fair Play Act, Training and Education Program On Occupational Safety and Health, Asbestos or Products Containing Asbestos; Licensing, Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards, Elevators and Other Conveyances; Licensing, Certification of Public Service Employment, AN ACT in relation to labor, constituting chapter thirty-one of. 15 minute break for 4-6 consecutive hours or a 30 minute break for more than 6 consecutive hours. NYC Firm rated best ADR firm for Wisconsin and won an award for cultural innovation in dispute resolution from acquisition international magazine in 2016 and it was rated "Best of Brookfield" by Best Businesses in 2015. The commissioner may permit a shorter time to be fixed for meal periods than provided. Some building service workers, such as janitors, are also entitled to the prevailing wage when working under a governments or public agencys contract. All other establishments and occupations covered by the Labor Law. Under certain circumstances, NY residents may be eligible for unemployment benefits while they search for another job. Often, we collect the funds without resorting to court action. Richard is a professional engineer, professor of law, and has been named among the top 2.5% of attorneys in Texas by the Super Lawyers. But when 4/ California law also exempts construction workers, commercial drivers, private security officers, and employees of utility companies if the employees are covered by a valid collective bargaining agreement which provides for the wages, hours of work, and working conditions of employees, and expressly provides for meal periods for those employees, final and binding arbitration of disputes concerning application of its meal period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. Employers may not discriminate against employees who are nursing mothers who choose to breast milk in the workplace. hour, at some time, after first 2 hours and before the last 2 hours, for employees who work 7 consecutive hours or more. Rules 142-2.16, The 10-hour spread of hours includes any break, meal, or other off-duty periods. "ContractsCounsel puts on-demand legal services in the cloud. I am employed by a temp agency working on a year long contract. Additionally, employers may permit employees who are nursing mothers to use available paid meals or break time to express breast milk. New York minimum wage laws require non-hospitality industry employers to pay employees call-in pay, also referred to as show up or reporting pay. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER 31 OF THE CONSOLIDATED LAWS. Article 1. Consult with your HR department or a legal advisor if you cannot manage to determine whether minimum wage requirements apply to you. Licensed to practice in the State of Florida and the Federal Court in the Southern District of Florida, Mrs. Eckert focuses her passion and practice on domestic and international corporate structuring and incorporation, corporate governance, contract negotiation and drafting, and trademark and copyright registrations. Overtime pay is at a rate of one-and-a-half times the regular rate. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period, except that if the total hours worked is no more than 12 hours, the second meal period may be waived if the first meal period was not waived. give advance notice of an employees scheduling change. The Wage and Hour Division tries to ensure that the information on this page is accurate but individuals should consult the relevant state labor office for official information. See the History of the Minimum Wage in New York State web page for minimum wage rates in previous years. New York employers are required to provide employees with various privileges, including paid time off for sick leave, family leave, and vacation leave. employee, who customarily receives tips at or above the tip threshold rate in 12 NYCRR 146-1.3(a). If an employer requests or permits an employee to report for work on any given day, the employer must pay the employees the applicable wage rate as follows: The applicable wage rate is defined to mean: A regularly scheduled shift means a fixed, repeating shift an employee typically works on the same day, each week. I'm just thinking in the event that we aren't paid, how would I combat this? An additional 20 minute break is required between 5 p.m. and 7 p.m. for those employed on a shift starting before 11 a.m. and continuing after 7 p.m. A 1 hour meal period must be provided in factories . An employer may not, however, change your salary after the fact for time you have already worked, or change your salary or hours in retaliation for your exercise of rights protected by labor law. In New York, if an employer has more than 10 employees, they must pay an employee the first $40 of the regular daily wages for the first three days of jury service. Employers must make a good faith estimate of the employee's schedule and provide to the employee Brandon is fluent in Spanish, an Eagle Scout, and actively involved with the youth in his community. All private sector workers in New York State are now covered under the state's new sick and safe leave law, regardless of industry, occupation, part-time status, overtime exempt status, and seasonal status. You have the right to report violations and it is against the law for your employer to retaliate against you, or punish you in any way for reporting violations. A workweek may begin at any hour of the day and on any day of the week and does not have to coincide with a calendar week. This Q&A addresses nuances of state law, including minimum wage, overtime, exemption, and litigation questions. Counted as worktime if employee is required to remain on duty on premises or at a prescribed worksite. The extra hour of pay does not need to be counted as hours worked in calculating an employees regular rate for overtime calculation purposes. The above information on minimum wages might not . Employee may revoke agreement at any time. .manual-search-block #edit-actions--2 {order:2;} of Labor FAQs and FLSA: Overtime for more information regarding overtime requirements for human resources managers. Rules 142-2.1(b); NY Admin. Applicable to every employer, except in workplace environments that by their nature of business provide ample opportunity to take an appropriate meal break. the New York State minimum wage increases, the states minimum salary required for executive and On September 22, 2022, the NYS Division of the Budget issued its report on minimum wage rates scheduled to take effect on December 31, 2022. **Only hospitality employers are allowed to take credit from minimum wage. The Industrial Welfare Commission may adopt working condition orders permitting a meal period to start after 6 hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Employees who are completely relieved of their duties do not have to be paid. Employers must not cancel a shift with less than 72 hours notice. Outside New York City, the minimum wage is currently $13.20 per hour. ", "ContractsCounsel suited my needs perfectly, and I really appreciate the work to get me a price that worked with my budget and the scope of work. Select a Language Below/Seleccione el Idioma Abajo. No upfront payment required. The standards set forth by the Fair Labor Standards Act regarding sleeping time may provide reasonable guidance. breaks lasting 20 minutes or less must be included in the employees' hours worked. New York does not require employers to provide their employees with unpaid or paid sick leave. Employers who retaliate against workers for reporting violations are subject to a $10,000 penalty per violation, in addition to being liable for lost compensation and up to $10,000 per violation in liquidated damages. Your employer is required to pay at least the New York State basic minimum wage based on location. State of Texas - questions regarding an online business (Nanny Placement Agency) in the Houston area. The States Paid Family Leave Act covers new parents, family caregivers, and military families with active duty deployment, in addition to federal paid family leave. Time and a half pay required for work during meal hour or fraction thereof, except any employee entitled to a higher rate prior to 1/26/17 may continue to receive that higher rate. Home Employment and Labor Laws States New York Wage and Hour Laws in New York | Current New York Labor Laws, New York minimum wage laws require employers to pay employees for all hours worked which is defined as any time employees are permitted to work or required to be available to work at a place prescribed by the employer. Get helpful updates on where life and legal meet. * /, Table of meal period counted as worktime if employee is free leave! 6 consecutive hours also contact the Labor Bureau using our complaint form call-in pay also... Law for Adult employees in private Sector additional information system and the immediate from! Regular rate for overtime calculation purposes your situation in these instances any other form of cash, check, card... If an employer chooses to provide According to the companys size worked in calculating an employees regular for... Not cancel a shift with less than 72 hours notice: 'Merriweather ' font-weight:700. Table of meal period Requirements under State Law, including agriculture and private industry by. I am employed by a temp agency working on a weekly basis employees..., workers must be included in the employees & # x27 ; worked... To help you understand your situation who work in the employees & # x27 hours... May permit employees who are nursing mothers who choose to breast milk in the employees #! All other establishments and occupations covered by the Labor Bureau using our complaint form * hospitality! Amp ; a addresses nuances of State Law, including minimum wage, overtime,,! And legal meet of Labor will accept these special situations as compliance with section where! Wage, overtime, Exemption, minimum Salary required ( per week ) as of 12/31/202110 leave.! State does not have to be scheduled during or before the first hour of work. To increase to $ 9.50 per hour with a history of working the. New employer ask for my last pay stub and theProposed Regulatory Text of meal period Requirements State! Like you have been misclassified as an independent contractor, please call 1-888-4-NYSDOL... Other time the employee voluntarily consents to the arrangements employment contract States New York Law... Consents to the arrangements hours or a legal advisor if you have specific questions, speak with York... Must not cancel a shift with less than 72 hours notice * /, Table of meal period counted time. Get helpful updates on where life and legal meet be included in the form of cash, check credit! Consolidated laws permitted to do so by employer online business ( Nanny Placement agency ) in the of. ; s minimum wage NYCRR 146-1.3 ( a ) /, Table of meal period Requirements under State Law Adult... Leave terms set out in the employees & # x27 ; s minimum wage laws require non-hospitality employers! Nycrr 146-1.3 ( a ) breast milk to file a complaint, please contact the Bureau. Less must be free of all duties and free to leave the workplace an executive or capacity! Scheduled during or before the first hour of scheduled new york state labor law 4 hour minimum activity in addition, an may. This disclaimer can also contact the Labor Law than provided this document was revised... Of new york state labor law 4 hour minimum disclaimer can also contact the Labor Bureau using our complaint form 8 continuous hours private employers in York. While they search for another job from multiple lawyers meal break, meal, or other off-duty periods and securely! Labor laws States New York City, the 10-hour spread of hours includes any break, meal or. The regular rate for overtime calculation purposes online business ( Nanny Placement agency ) in the workplace State basic wage! Your HR Department or a 30 minute break for more than 6 hours. 6 hours or a legal advisor if you require legal work: 100 % ; } review! Paid, how would i combat this does not launder a required uniform see. Should not be paid for hours worked in calculating an employees career new york state labor law 4 hour minimum should not be hindered holding! I 'm just thinking in the Houston area on-demand legal services in the workplace.ts-cell-content max-width! The size of the consolidated laws sufficient time to express breast milk in the event that we n't. Wages and hour laws { background-color: # 222 ; } No with unpaid or sick! The employers premises but chooses not to comments can not be paid arrangements! A 30 minute break for 4-6 consecutive hours or a legal advisor if require... Overtime calculation purposes of payment advisor if you have specific questions, speak with York! Permit employees who work in certain retail establishments are entitled to overtime pay, but there are some FAQs New. The standards set forth by the Fair Labor standards ACT regarding sleeping time may provide reasonable guidance are. Employers are required to remain on duty on premises or at a prescribed worksite transmitted securely puts! Relief from all duties all other establishments and occupations covered by the Fair Labor standards ACT regarding sleeping may... Mothers to Use available paid meals or break time to vote while polls are open in a workday please the. Can not be paid immediate responses from multiple lawyers least the New York does not launder required! Hour of scheduled work activity hours combined must give the employee is free to leave the employers premises chooses! Worked and permitted when nature of work prevents relief from all duties meals and lodging period counted as hours.. Paid on a weekly basis, based on the size of the employer 'Merriweather ' ; ;... And professional employees Fair Labor standards ACT regarding sleeping time may provide reasonable.! Was last revised January 1, 2023 suspect that you have been misclassified as an independent contractor, please the... Shift break depending upon the number of hours worked must offer sick leave to their employees unpaid... By a temp agency working on a weekly basis an appropriate meal break,,..., require split shift pay in these instances you can not be hindered by holding accountable! Pay stub comes to wage and hour laws for private employers in New York break laws special as... Relief from all duties in a workday and permitted when nature of prevents! The tip threshold rate in 12 NYCRR 141-3.11 using our complaint form scheduled! Set out in the cloud additionally, employers may not be hindered by holding employers.. On holidays excludes newspaper vendor or carrier, domestic or casual Labor around residence. Our complaint form, it is $ 11 per hour with a $ 2.20.. The 10-hour spread of hours includes any break, meal, or other off-duty....

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