What is a clopening shift, and is it legal?
A clopening is a closing shift followed by an opening shift the next morning, with only a short rest in between. It is legal under federal law, which has no scheduling rules for adult employees, but Oregon, New York City fast food, Los Angeles and Philadelphia require 9 to 11 hours of rest or written consent and extra pay for covered employees, and Chicago lets covered employees decline such hours.
The US Department of Labor says the FLSA has no provisions on scheduling employees except certain child labor rules (DOL elaws FLSA Advisor). The limits on clopenings therefore come from state and city laws, which cover employers above a size threshold.
Clopening rules by place
| Place | Who is covered | Minimum rest | If the rest is shorter |
|---|---|---|---|
| Oregon | Retail, hospitality, food service; 500+ employees worldwide | 10 hours after a previous calendar day's shift or a shift spanning two days | Only if the employee requests or agrees; time and a half for each hour worked inside the 10 hours (Oregon BOLI) |
| New York City, fast food | Chain establishments, one of 30+ nationally | 11 hours | Written consent and a $100 premium per clopening (NYC DCWP FAQ) |
| Los Angeles (city) | Retail; 300+ employees globally | 10 hours | Written consent and time and a half for the second shift (LA Office of Wage Standards) |
| Chicago | 7 covered industries; 100+ employees globally (restaurants: 250 and 30 locations) | 10 hours | Employee may decline hours starting less than 10 hours after the previous day's shift (Chicago OLS) |
| Philadelphia | Retail, food, hospitality; 250+ employees and 30+ locations worldwide | 9 hours | Advance written consent and $40 (Philadelphia notice) |
This is not a complete list; check your city's labor standards office.
The same clopening under three laws
Example: an employee paid $18.00 an hour closes at 10:00 p.m. and is scheduled to open at 7:00 a.m. for an 8-hour shift. Rest = 9 hours.
| Law | Math | Extra cost |
|---|---|---|
| Oregon | 7:00–8:00 a.m. is inside the 10-hour window: 1 hour × $18.00 × 0.5 | $9.00 |
| Los Angeles | Whole second shift at time and a half: 8 × $18.00 × 0.5 | $72.00 |
| NYC fast food | Under 11 hours: flat premium | $100.00 |
| Philadelphia | 9 hours is not less than 9 hours | $0.00 |
In Oregon, Los Angeles and NYC fast food the shift also needs the employee's request, agreement or written consent; the extra pay does not replace it.
How to measure the rest period
To be safe, measure from the end of the closing work, including any cash count. DOL Fact Sheet #22 says the workday runs from the start to the end of the employee's principal activities and may be longer than the scheduled shift (DOL Fact Sheet #22). Oregon counts its 10 hours from the end of a previous calendar day's shift or of a shift that spanned two calendar days. Example: a shift from 4:00 p.m. to 12:30 a.m. spans two days; under Oregon's rule the next shift starts at 10:30 a.m. or later.
Minors cannot close late in the first place
Under federal rules, 14- and 15-year-olds may work only between 7 a.m. and 7 p.m., or 9 p.m. from June 1 to Labor Day (DOL Fact Sheet #43). A store that closes at 8 p.m. outside summer cannot schedule them to close.
How to schedule without clopenings
- Write a minimum rest rule into your template, for example 11 hours, which meets every rest period in the table above.
- Give the closer the late shift or a day off the next day.
- Rotate closing duty so the same person does not close and open repeatedly.
- With 2 or more stores, use an opener from another location instead of the closer (see sharing employees between stores).
- If an employee asks for a clopening, keep the written request with the schedule.
For a template that shows start and end times side by side, see the retail weekly schedule template.
This is general information, not legal advice. Check your state labor department for current rules.
This is general information, not legal advice. Check your state labor department for current rules.
Questions
Are clopening shifts illegal?
Not under federal law, which has no scheduling provisions for adults (US DOL). Oregon, NYC fast food, Los Angeles retail and Philadelphia add rest rules for covered employers, and Chicago lets covered employees decline such hours.
How many hours do you need between a closing and opening shift?
It depends on the law: 9 hours in Philadelphia, 10 in Oregon, Chicago and Los Angeles, and 11 for NYC fast food.
What is the clopening premium in New York City?
For fast food workers, the employer needs written consent and must pay a $100 premium per clopening with less than 11 hours between shifts (NYC DCWP).
Does Oregon pay extra for clopenings?
Yes. Oregon requires time and a half for each hour or portion of an hour worked during the first 10 hours after the previous shift, and the employee must request or agree to the shift.
Sources
- US DOL elaws FLSA Advisor: When can an employee's scheduled hours of work be changed? (checked 2026-11-12)
- Oregon BOLI: Predictive Scheduling (checked 2026-11-12)
- NYC DCWP: Fair Workweek Law in Fast Food FAQ (dated 9/15/2023) (checked 2026-11-12)
- City of Los Angeles Office of Wage Standards: Fair Work Week information (checked 2026-11-12)
- City of Chicago Office of Labor Standards: Fair Workweek (checked 2026-11-12)
- City of Philadelphia: Fair Workweek Notice to Employees (effective April 1, 2020) (checked 2026-11-12)
- US DOL Fact Sheet #43: Child Labor Provisions for Nonagricultural Occupations (revised December 2016) (checked 2026-11-12)
- US DOL Fact Sheet #22: Hours Worked Under the FLSA (revised July 2008) (checked 2026-11-12)