Clopening: closing and opening the next day
A clopening is a closing shift followed by an opening shift the next morning, often with 8 hours or less in between. Federal law does not ban it. A few states and cities do restrict it: in Oregon, large retail, hospitality and food service employers must give 10 hours of rest or pay time and a half for the hours worked inside that rest period.
By Asier Fernández ·
How short is a clopening?
| Close | Open | Hours between |
|---|---|---|
| 10:00 p.m. | 6:00 a.m. | 8 |
| 11:00 p.m. | 6:00 a.m. | 7 |
| 11:00 p.m. | 5:00 a.m. | 6 |
| midnight | 7:00 a.m. | 7 |
Take off the commute both ways and the time to wind down, and a 7-hour gap often leaves 5 hours of sleep or less. The CDC recommends at least 7 hours of sleep a day for adults (CDC).
Is clopening illegal?
Not under federal law. The Fair Labor Standards Act sets no minimum rest between shifts for adults. Some states and cities have “fair workweek” or predictive scheduling laws. Oregon's is in the state code: an employer covered by it may not schedule or require work in the first 10 hours after the end of the previous day's shift unless the employee requests or consents, and must pay one and a half times the regular rate for any hour worked inside that rest period (ORS 653.442). It covers retail, hospitality and food service establishments with 500 or more employees worldwide (ORS 653.422).
Several cities, including Seattle, New York City and Chicago, have their own fair workweek rules with rest requirements for certain industries. They change and have their own coverage tests, so check your city's labor office before relying on them.
What you can do
- Ask whether your employer or state has a rest rule and whether a clopening needs your consent.
- Keep your own record of closing and opening times: the hours calculator works out the gap across midnight.
- If you are on a rotating schedule, compare the rest between your shifts in the shift calendar.
Rest between shifts on rotating schedules
In 24/7 plants and hospitals the pattern itself sets the rest: on a 12-hour rotation you normally get at least 24 hours before a change from nights to days. In the UK, workers are entitled to 11 consecutive hours of rest in each 24-hour period; see UK working time rules.
More guides
Figures are worked out from each cycle; rules checked against official sources on . How we calculate
Questions
What is a clopening shift?
Closing a store or restaurant at night and opening it the next morning, with a short gap, often 8 hours or less, between the two shifts.
Is clopening illegal?
Not under federal law. Oregon requires covered large retail, hospitality and food service employers to give 10 hours of rest or pay time and a half (ORS 653.442), and some cities have similar rules.
How many hours do you need between shifts?
No federal minimum exists for adults. Oregon's rule is 10 hours for covered employers, and the UK sets 11 hours of daily rest.
Can I refuse a clopening?
Where a rest law applies, as in Oregon, you can only be scheduled inside the rest period if you request or consent. Elsewhere it depends on your employer's policy or contract.
Do you get paid more for a clopening?
In Oregon, covered employers pay time and a half for hours worked during the 10-hour rest period. Federal law has no such premium.