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Clopening: the close-then-open shift, and why it is the one to watch

Squadra Planning Team6 min
Clopening: the close-then-open shift, and why it is the one to watch

In short

What is a clopening?
A closing shift followed by the next morning opening shift, with too little time in between to count as a night off. New York City draws the line at fewer than 11 hours between the end of one shift and the start of the next.
Is a clopening illegal?
Not in most of the United States. There is no federal rule about the gap between two shifts. New York City regulates it for fast food employers: the employee must have a real chance to decline, must consent in writing, and is owed a premium for each one worked. Check your own city.
How many hours should there be between two shifts?
There is no single figure. New York City sets eleven hours for fast food employers; other city ordinances set their own and they do not all agree, so check yours. Eleven is a defensible default where nothing applies. What matters more is having a number written down, because the argument is never about the principle, it is about whether nine hours counted.
How do clopenings end up on a schedule?
Almost never on purpose. Three ways: a shift swap approved as two separate requests rather than as a pair, an absence covered at short notice by whoever answered the phone, and a closing rota and opening rota filled in on different days with nobody looking at the join.

The store closes at eleven. Someone has to cash up, clean down and lock the door, so they leave at half past. The store opens at six, which means being there at half past five.

Six hours between the two, minus the commute at both ends. Whoever is on that pair of shifts is not getting a night's sleep, and everyone in the building knows it. The word for it in American retail and food service is a clopening, and it is worth naming because a schedule that produces them rarely produces them on purpose.

What a clopening is

A closing shift followed by the next morning's opening shift, with too little time in between to count as a night off.

"Too little" needs a number. New York City sets 11 hours between the end of one shift and the start of the next, where the first shift ended the previous calendar day or ran across two days. Other cities draw their own line, and not all in the same place, each with its own premium attached: fair workweek laws lists them. Where nothing applies to you, borrowing a number from a city that has thought about it beats having none.

New York put a price on it

New York City's Fair Workweek Law regulates clopenings directly, for fast food employers in the city. Under the city's published guidance, an employer may not schedule one unless three things are true together:

  1. the employee had a genuine opportunity to decline;
  2. the employee consented in writing;
  3. the employer pays a $100 premium for each clopening worked.
  4. The first condition carries more weight than it looks. The city is explicit that requiring written consent without a real chance to say no is itself a violation, which closes the obvious loophole of putting a consent form in the onboarding pack.

    The rules and the current figures are published by the city's Department of Consumer and Worker Protection: see the Fair Workweek Law page. Check it before relying on any number, including the ones above, and check whether your own city has something similar: fair workweek laws lists the ones that exist.

    Everywhere else it is legal, and still expensive

    Most of the country has no rule. The FLSA sets a wage floor and an overtime rule and says nothing about the gap between two shifts. That does not make the clopening free, it makes the cost invisible until it turns up as something else:

    • the late open, because five hours of sleep and an alarm at half past four is a coin flip;
    • the call-out the following day, which then needs covering, which is how the next clopening gets created;
    • the mistakes, in the till, in the delivery check, in the fridge temperatures nobody logged;
    • the resignation, which arrives without ever mentioning the schedule.

    How clopenings land on a schedule nobody meant to build

    Almost nobody sits down and rosters one deliberately. They appear three ways, all of them mechanical:

    A swap that nobody checked. Two people trade, each trade looks fine on its own, and the combination puts one of them on a close and an open. The manager approved two separate requests, not the pair. See shift swapping.

    Covering an absence. Someone does not turn up for the open, the closer from last night is the only person who answers the phone, and the clopening is created at six in the morning by whoever is most stressed. See no call, no show.

    Two rotas built separately. The closing rota and the opening rota get filled in different passes, often on different days, and nobody ever looks at the join. This is the most common one and the easiest to fix.

    Keeping them out

    1. Decide your gap and write it down. Eleven hours if you want to match New York's line, ten or twelve if that suits your trading hours. The number matters less than having one.
    2. Check the join, not the day. A schedule reads well column by column and produces clopenings row by row. Look at each person's week as a line, not the week as a grid.
    3. Re-check after every change. The clopening is almost always created by an edit, not by the original plan. That includes swaps and absence cover.
    4. Rotate the closes. If the same two people always close, they will always be the candidates for the open.
    5. If you have to do it, ask first and say thank you properly. In New York that is a legal requirement with a number attached. Everywhere else it is the difference between a favour and a grievance.
    6. In practice

      A clopening is not a scheduling style, it is an accident that a schedule allows. Pick a minimum gap, look at each person's week as a line rather than the grid as a whole, and re-check after every swap and every absence. The one you catch on Thursday costs nothing. The one you discover on Saturday morning costs a shift, and sometimes a person.

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