Clopening and Rest Between Shifts: Chicago, New York City, Philadelphia, Seattle and Oregon Rules

You close the store at 11:30 p.m. and the schedule says you open at 7:00 a.m. That is a "clopening," and you get about seven and a half hours to get home, sleep and get back. Is there a legal minimum rest between shifts? Under federal law, no. In a few cities and in Oregon, though, you can have a right to rest: you can say no, or you must be paid extra. This guide compares what the official pages of Chicago, New York City, Philadelphia, Seattle and Oregon say.

In this guide:

• 1. What federal law says about rest between shifts
• 2. How a right-to-rest rule works
• 3. Chicago, New York City, Philadelphia, Seattle and Oregon
• 4. Side-by-side comparison
• 5. A worked example (illustrative)
• 6. If no law covers you
• 7. Track your shift end and start times

Ready to try Shift2Cal? Take a photo of your shifts and find them ready in your calendar. Free on the App Store and Google Play.

App Store Google Play

What federal law says about rest between shifts

The Department of Labor's Wage and Hour Division explains that the Fair Labor Standards Act (FLSA) is about wages and overtime. On its FLSA page it states that there is no limit on the number of hours employees 16 years or older may work in any workweek, and the page does not address rest between shifts. In practice, federal law does not require a set number of hours off between two shifts. Hours you work are still paid, and overtime still applies after 40 hours in a workweek. (See our guide to shift work and overtime pay in the U.S.)

Where a rest rule exists, it comes from local law, state law or a union contract. It can also come from your employer's own policy, so check your handbook.

How a right-to-rest rule works

The laws below are all part of "fair workweek" or predictive scheduling laws. They share the same logic, but the numbers differ:

• A minimum gap between the end of one shift and the start of the next (9, 10 or 11 hours, depending on the place).
• You can decline. The employer generally cannot schedule you inside the gap unless you ask for it or agree to it.
• A price for saying yes. If you agree, the employer owes a premium: a flat amount in some places, a higher hourly rate in others.
• Limited coverage. They apply only to certain industries and larger employers, and sometimes only to employees below a pay level.

The laws also do not ban long or double shifts. Philadelphia's official FAQ says so explicitly: the rest rule does not prohibit long or double shifts. It is about the gap between shifts.

Chicago, New York City, Philadelphia, Seattle and Oregon

Chicago. The city's Fair Workweek page says employees are covered if they work in one of seven industries (building services, health care, hotels, manufacturing, restaurants, retail and warehouse services), earn no more than $33.85 an hour or $64,945.55 a year, and the employer has at least 100 employees globally (250 employees and 30 locations for a restaurant). Covered employees have the right to rest by declining work hours less than 10 hours after the end of the previous day's shift. The page does not state a premium amount for rest violations: read the ordinance and the city's rules, or call the city, for the details.

New York City (fast food). According to the DCWP fast food FAQ (dated September 15, 2023), employers cannot schedule a clopening with less than 11 hours between shifts unless the worker has the chance to decline, consents in writing, and is paid a $100 premium per clopening worked. This applies to the fast food rules, which cover chains with 30 or more establishments nationally. Retail is covered by a different set of rules.

Philadelphia. The Office of Worker Protections FAQ (December 2023) says the Fair Workweek Ordinance covers retail, food and hospitality employers with 250 or more employees and 30 or more locations worldwide, for employees working within the city. Employees cannot be scheduled less than 9 hours after the end of the previous day's shift unless the employee consents and is paid $40.

Seattle. The Office of Labor Standards says Secure Scheduling covers hourly employees at retail and food services establishments with 500 or more employees worldwide (full-service restaurants must also have 40 or more full-service locations worldwide). Hours worked between closing and opening shifts that are separated by less than 10 hours are paid at time and a half.

Oregon. The Bureau of Labor and Industries (BOLI) says the statewide law covers retail, hospitality and food services employers with 500 or more employees worldwide. Unless you request or agree to it, you cannot be scheduled during the first 10 hours after a previous day's work or on-call shift ends, or after a shift that spanned two calendar days. Each hour worked in that window is paid at one and a half times your regular rate.

Side-by-side comparison

Summary of the official pages listed below, as read on November 3, 2026. Thresholds, amounts and exceptions can change: check the agency page.

Other cities and counties have their own ordinances, so a rule you read about in one place does not carry over to another. If your location is not listed, check your city or state labor agency.

A worked example (illustrative)

Illustrative numbers only. Maya works at a covered restaurant chain, earning $20 an hour. She closes on Friday and her shift ends at 11:30 p.m. The posted schedule has her opening on Saturday at 7:00 a.m.: 7.5 hours after the previous shift ended.

• In Seattle or Oregon, where the gap is 10 hours, that is inside the protected window. She would be paid time and a half ($30 an hour) for the hours worked in it. In Oregon the window runs until 9:30 a.m., so a 7:00 a.m. to 9:30 a.m. stretch would be paid at the higher rate; the Seattle page describes the premium as applying to hours worked between closing and opening shifts separated by less than 10 hours, so confirm how it counts with the city.
• In Philadelphia, the gap is 9 hours. 7.5 hours is short, so the employer needs her consent and a $40 payment, or she can decline.
• In NYC fast food, the gap is 11 hours, so she must have the chance to decline, give written consent, and receive $100 if she works it.
• If no law or contract covers her, the schedule can stand as posted, and she is paid for the hours she works.

If no law covers you

• Look at your union contract or handbook. Rest rules and shift-bidding rights are often there.
• Ask for a pattern that fits. A written request to avoid clopenings, or to swap with a coworker, costs nothing.
• Check your hours. Short rest often goes with long weeks. Overtime applies when you pass 40 hours in a workweek, and some states add daily overtime (see daily overtime and double time).
• Know the agency to call. For a covered location, use the city or state office that enforces the law. For wage questions, use your state labor department or the DOL Wage and Hour Division.

Track your shift end and start times

Rest rules depend on two timestamps: when one shift ended and when the next began. Late closings run over, and an "off at 11" shift is often really 11:40. Your own record is useful if you have to discuss it with payroll or an agency.

Shift2Cal helps you keep the schedule in one place. Take a photo, or upload a screenshot, PDF or CSV of your schedule; the AI reads the shifts, you check and correct them in a preview, and they sync to Apple Calendar, Google Calendar or Outlook. In your calendar you can see at a glance when a closing shift is followed by an early opening. If your rotation repeats, save it as a recurring pattern. Shift2Cal does not calculate pay or check whether a schedule is legal, and processing happens on your device. For the broader rules on schedule notice and late changes, read our guide to predictive scheduling and fair workweek laws.

Related: Split Shifts, Reporting Time Pay and On-Call Time.

Related: Night Shifts, Long Hours and Fatigue: What OSHA and NIOSH Say.

Sources, all read on November 3, 2026:

• U.S. Department of Labor, Wage and Hour Division, Wages and the Fair Labor Standards Act (page shows no revision date).
• City of Chicago, Business Affairs and Consumer Protection, Fair Workweek.
• NYC Department of Consumer and Worker Protection, Fair Workweek Law in Fast Food: Frequently Asked Questions (9/15/2023).
• City of Philadelphia, Office of Worker Protections, Fair Workweek FAQ (December 2023).
• Seattle Office of Labor Standards, Secure Scheduling.
• Oregon Bureau of Labor and Industries, Predictive scheduling.

This article is general information, not legal advice. Whether a rest-between-shifts rule applies to you depends on your city or state, industry, employer size, pay level and any union contract, and rules and amounts change. For a specific situation, contact your city or state labor agency, the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243 (1-866-4USWAGE), a union representative or an employment attorney.