Understanding Clopening Shifts in New York City

Posted by: Brian Schaffer

A “clopening” shift occurs when an employee closes a business at night and then returns to open it the next morning, leaving a short period between shifts.

What Does NYC Law Require for Clopening Shifts?

New York City’s Fair Workweek Law protects covered fast-food workers who are scheduled for back-to-back closing and opening shifts. The law addresses shifts with less than 11 hours between them and requires written consent in covered circumstances.

Covered workers may also earn premium pay when they consent to a qualifying clopening shift. These protections are part of broader scheduling rules for fast-food employees in New York City.

What Records Should Fast-Food Workers Keep?

Workers who regularly receive closing-to-opening schedules should keep copies of schedules, notices, and pay records so they can determine whether employers followed the applicable scheduling requirements.

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FREQUENTLY ASKED QUESTIONS

How many hours must NYC fast-food workers have between closing and opening shifts?

NYC’s Fair Workweek Law generally addresses fast-food clopening shifts when there are fewer than 11 hours between the end of one shift and the beginning of the next. A covered worker can agree to work such a shift, but the law generally requires written consent and a $100 premium. The rule regulates the scheduling practice; it doesn’t mean every pair of evening and morning shifts automatically qualifies as a clopening.

Can a NYC fast-food employer require an employee to work a clopening shift?

A covered fast-food employer generally can’t simply require a qualifying clopening without the worker’s consent. When fewer than 11 hours separate the shifts, the worker’s written consent and the required premium are central protections. Workers should preserve the schedule and any consent request or communication about the shift. Consent to one clopening doesn’t automatically confer blanket consent to every future closing-to-opening schedule without considering the law’s requirements.

How much extra pay accompanies a qualifying clopening shift in NYC?

NYC’s Fair Workweek rules generally require a $100 premium when a covered fast-food worker consents in writing to a qualifying clopening with fewer than 11 hours between shifts. That premium is in addition to the wages earned for working the shifts. Other schedule changes can separately trigger Fair Workweek premium-pay rules, so workers reviewing a paycheck should consider both the clopening payment and any additional scheduling events that occurred.

What evidence can show that a clopening premium wasn’t paid?

Useful records include the closing and opening schedules, time punches showing when each shift ended and began, written consent forms or messages, and the pay stub for the relevant pay period. Scheduling-app screenshots can help if the employer later changes the displayed schedule. Comparing those records can show whether fewer than 11 hours separated the shifts and whether a separate $100 premium appeared in the employee’s compensation.

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