New York regulations

Title 9 Part 143

Executive Department

Browse New York regulations by title, part, and section.

10 sections

Compiled text through Jul 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 10 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 143.0 - Statement of policy

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Subdivisions 5 and 6 of section 130 of the Civil Service Law were added by chapter 794 of the Laws of 1967. Under subdivision 6, the director of the Division of Classification and Compensation may, subject to the approval of the Director of the Budget, authorize payment of additional salary, hereinafter called a shift pay differential, to employees regularly assigned to work on a shift other than a normal day shift in given occupations under certain specified conditions.
(b)The purpose of authorizing a shift pay differential is to enable the State to attract and retain competent personnel in occupations and in areas of the State for and in which wage practices among private and other nonstate employers warrant such action, without having to raise the basic salary for the occupation on a statewide scale and without having to establish a higher rate of pay than is generally paid in the State for the same occupation.
(c)A shift pay differential is not intended to be, nor should it be construed to be, a substitute for general salary adjustments.
(d)A shift differential cannot be authorized simply because the hours of employment are different from those which constitute a normal day shift.
(e)The law specifies that a shift pay differential shall be in addition to, and not a part of, an employee's basic annual salary.
(f)A shift pay differential may be terminated or changed by action of the director of the Division of Classification and Compensation, subject to approval of the Director of the Budget.

9 NYCRR 143.1 - Definition of terms

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

For the purpose of these regulations, certain terms used in subdivision 6, section 130 of the Civil Service Law are defined as follows:

(a)Shift other than a normal day shift.

A tour of duty, four or more hours of which fall between 6 p.m. and 6 a.m.

(b)Prevailing wage practices.

Refers to the wage rates paid by a significant number of employers in one or more areas of the State who employ substantial numbers of workers on two or more shifts, including a normal day shift, in a given occupation.

(c)Given occupation.

An occupation or occupations in private or other nonstate employment.

(d)Same or related occupations in the State service.

Class (title) or series of classes in State service having duties and responsibilities substantially the same as those of the given occupation.

(e)Regularly assigned.

Scheduled to work a shift other than a normal day shift on a basis other than a temporary basis.

(f)Particular geographic area.

Consists of an identifiable place in the State, as specified by the Director of Classification and Compensation, on the basis of geographical or other physical boundaries, with reference to the particular occupation involved and to related labor market considerations.

(g)Pay differential.

The additional salary (a shift pay differential) authorized by the Director of the Division of Classification and Compensation pursuant to this Part.

9 NYCRR 143.2 - Authority of the Director of Classification and Compensation to initiate shift pay differentials

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The Director of Classification and Compensation may, on his own initiative, subject to the approval of the Director of the Budget, authorize a shift pay differential for any class (title) or series of classes in one or more areas of the State in accordance with the provisions of subdivision 6 of section 130 of the Civil Service Law.

9 NYCRR 143.3 - Authority of the Director of Classification and Compensation to authorize shift pay differentials on an area basis and of varying amounts

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

When the Director of Classification and Compensation finds that in a particular geographic area or areas wage practices prevailing among private and other non-State employers for a given occupation would warrant a shift pay differential for employees in the same or related occupations in the State service without, however, any substantiating evidence that such wage practices are prevailing on a Statewide basis, he may, after a hearing which shall afford the employees affected or their representatives an opportunity to appear and be heard, authorize a shift pay differential, subject to the approval of the Director of the Budget, for such same or related occupations in State service in one or more geographic areas which may vary among geographic areas and among work shifts.

9 NYCRR 143.4 - Applications for shift pay differentials

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

An application for a shift pay differential may be filed by an employee, employee representative or appointing officer. Such application shall be submitted on a form prescribed by the Director of Classification and Compensation, which shall require, but not be limited to, the following information:

(a)The official title of the occupation or occupations for which the differential is requested.
(b)The time of commencement and the time of completion of the work shift to which the application pertains and, if applicable, a delineation of the geographic area or areas of the State for which the shift pay differential is requested.
(c)Salary and other pertinent data of such a nature as to reasonably support the assertion that in the area or areas to which the application pertains it is the prevailing practice among private and other non-State employers to pay employees who work on an equivalent shift and in an occupation which is the same as or related to that for which the application is made a higher rate of compensation than is paid to employees performing the same class of work during the normal day shift.
(d)The source or sources of the salary data and facts pertaining to rates of pay, amounts of differential pay, hours of work and other information required under this section.
(e)Factual data of such a nature as to reasonably substantiate that the duties and responsibilities of employees who work on the shift for which the differential is sought are at least comparable to the duties and responsibilities of employees in the same occupation who work on the normal day shift.
(f)Such other pertinent information as may be required by the Director of Classification and Compensation.

9 NYCRR 143.5 - Appeals

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

Pursuant to paragraph b of subdivision 5 of section 130 of the Civil Service Law, an employee, employee representative, or appointing officer aggrieved by a determination of the Director of Classification and Compensation may appeal from such determination to the Civil Service Commission. Such appeal must be made within 60 days after receipt of written notice of such determination. Determinations of the Civil Service Commission shall be subject to the same conditions, restrictions and limitations provided by law and implementing rules which govern determnations by the Director of Classification and Compensation.

9 NYCRR 143.6 - Applications for shift pay differentials not favorably considered

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

An application filed with the Director of Classification and Compensation shall not receive favorable consideration by him under the provisions of subdivision 5 of section 130 of the Civil Service Law in any case when the application is based essentially upon:

(a)a comparison between salaries paid for a given occupation and those paid for the same or related occupations in the State service without reference to the payment of a higher rate of pay for work on a shift other than a normal day shift; or
(b)a comparison between salaries paid for a given occupation and those paid for the same or related occupations in the State service in cases where the basic salaries plus the shift differentials being paid for the given occupation are approximately the same as or less than the basic salary range for the same or related occupation in the State service; or
(c)a comparison between salaries paid for a given occupation outside the State and those paid for the same or related occupations in the State service; or
(d)other matters or considerations provided for under sections 120 and 121 of the Civil Service Law or which are otherwise reviewable pursuant to law or any rules or regulations having the force and effect of law.

9 NYCRR 143.7 - Amount and payment of shift pay differentials

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The amount of a shift pay differential shall be determined by the Director of Classification and Compensation, with the approval of the Director of the Budget. In cases where the amount of the shift pay differential for a given class of work is not the same for all shifts other than the normal day shift, employees will be paid the amount of differential which has been authorized for work on the shift to which they are regularly assigned as defined in 143.1 (e) above. An employee re-assigned to work regularly on another shift for which a different shift pay differential has been authorized shall be paid the amount of the shift pay differential authorized for work on the shift to which he is so re-assigned.

9 NYCRR 143.8 - Termination of shift pay differentials

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

A shift pay differential shall be terminated:

(a)for an employee when he ceases to be employed on the work shift, in the occupation, or in the geographic area if applicable, for which such differential was authorized, or
(b)for an occupation, shift or area, when the Director of Classification and Compensation, with approval of the Director of the Budget, determines that the basis for providing a shift pay differential for such occupation, shift or area no longer exists.

9 NYCRR 143.9 - Review of shift pay differentials

No later Register activity identified in this check.

Top
Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The Director of Classification and Compensation may, at his discretion, review existing shift pay differentials with reference to need or appropriateness and make such changes as may be warranted, subject to the approval of the Director of the Budget.

Back to top

LawEngine organizes New York regulations for fast review. Use independent legal judgment before filing.