Partner
In New York, time spent opening or closing a workplace is generally considered paid work if it is required and benefits the employer. If you are performing job-related tasks before or after your scheduled shift, that time is typically compensable, even if it is not listed on your schedule.
What Is Opening or Closing Work?
Opening and closing duties include tasks you are required to perform before or after your scheduled shift. Common examples include:
- Setting up registers or POS systems
- Counting cash drawers
- Cleaning or stocking work areas
- Turning on equipment or preparing stations
- Locking up, securing inventory, or completing end-of-day reports
If these tasks are part of your job, they are usually considered work time.
When Does the Law Require Employers to Pay You?
Under both federal law and New York labor law, employees must be paid for all hours worked. This includes time that is:
- Required by the employer
- Controlled or directed by the employer
- Necessary to perform your job duties
If your employer expects you to arrive early to prepare or stay late to close, that time is generally compensable—even if you were told not to record it.
What Is “Off-the-Clock” Work?
“Off-the-clock” work occurs when employees perform job duties without pay. This often comes up when:
- Employees are asked to clock in after completing setup tasks
- Workers are required to clock out before finishing closing duties
- Time records do not reflect actual hours worked
These practices can lead to wage violations, especially if they reduce total hours or overtime pay.
Is This Just a Hospitality Industry Issue?
Not at all. While restaurants, bars, and hotels frequently face these issues, unpaid opening and closing work affects a wide range of industries:
Hospitality (Restaurants, Bars, Hotels)
- Prepping kitchens or dining areas
- Cleaning, inventory, and closing registers
Retail
- Opening stores, setting up displays
- Counting cash drawers or closing registers
Healthcare
- Preparing equipment or patient rooms
- Completing end-of-shift documentation
Warehousing and Logistics
- Equipment checks before shifts
- Securing inventory after shifts
Office and Administrative Roles
- Booting up systems or logging into required software
- Completing end-of-day reporting tasks
If the work is required and tied to your job, the industry does not change the analysis.
Does This Time Count Toward Overtime?
Yes. Opening and closing times must be included when calculating your total weekly hours. If those extra minutes push you over 40 hours in a week, you may be entitled to overtime pay at 1.5 times your regular rate. Even small amounts of unpaid time each day can add up to significant unpaid wages over time.
What If Your Employer Says It’s “Voluntary”?
Employers sometimes argue that early or late work is voluntary. But the work is likely comnesable if it is:
- Expected
- Necessary to do your job
- Regularly performed
Courts and agencies look at what actually happens in practice—not just what the employer calls it.
What If You Are Not Being Paid for This Time?
If you are performing opening or closing duties without pay, consider taking the following steps:
- Track your time – Write down when you start and finish work
- Save schedules and pay records – Compare scheduled vs. actual hours
- Document tasks – Note what you are doing before or after shifts
- Keep communications – Messages about early arrival or late closing
- Speak with an attorney – Before raising concerns internally
Having clear records can make a significant difference.
Can Your Employer Retaliate Against You?
No. New York law prohibits employers from retaliating against employees who raise concerns about unpaid wages.
Retaliation may include:
- Termination
- Reduced hours or shifts
- Disciplinary action after a complaint
If retaliation occurs, you may have an additional legal claim.
Protecting Your Right to Be Paid for All Work
Opening and closing duties are part of the job for many employees, but that does not mean they can go unpaid. If your employer requires you to perform work before or after your shift, that time generally must be included in your wages.
If you believe you are not being paid for all hours worked, Lipsky Lowe can help. Our wage and hour attorneys have a well-earned reputation as dedicated advocates with a proven track record of success in and out of the courtroom. The sooner you contact us, the better we can protect your wage rights.