Clopening

What Is Clopening?

Clopening is a portmanteau of "closing" and "opening" that describes a scheduling practice where an employee works a late-night closing shift and then returns for an early-morning opening shift the following day. This back-to-back scheduling results in minimal time between shifts—often just 4-8 hours—leaving workers with inadequate time for sleep, personal responsibilities, and recovery.

The term emerged from the retail and food service industries, where clopening shifts are particularly common. California's local fair workweek and predictive scheduling ordinances specifically address clopening through right to rest provisions that require minimum hours between shifts.

Understanding Clopening Shifts

What Clopening Looks Like

Typical clopening schedule:

Day	Shift	Hours
Friday	Closing shift	5:00 PM - 12:00 AM (7 hours)
—	Time between shifts	12:00 AM - 6:00 AM (6 hours)
Saturday	Opening shift	6:00 AM - 2:00 PM (8 hours)

Reality for the worker:

Activity	Time
Clock out Friday	12:00 AM
Closing duties complete	12:20 AM
Commute home	12:20 AM - 12:50 AM
Get ready for bed	12:50 AM - 1:10 AM
Sleep	1:10 AM - 4:45 AM (3.5 hours)
Wake up, prepare	4:45 AM - 5:20 AM
Commute to work	5:20 AM - 5:50 AM
Ready for shift	6:00 AM

Total sleep opportunity: Less than 4 hours

Why Clopening Is Problematic

Impact Area	Effect
Physical health	Sleep deprivation, fatigue, weakened immunity
Mental health	Increased stress, anxiety, depression risk
Safety	Higher accident rates, impaired judgment
Performance	Reduced productivity, more errors
Quality of life	No personal time, relationship strain
Retention	Increased turnover, difficulty recruiting

Industries Where Clopening Is Common

Retail

Why it happens:

• Stores open early and close late
• Small management teams
• Key holders needed for opening and closing
• Cost pressure to minimize staffing

Typical pattern:

• Close store at 9:00-10:00 PM
• Clean, count registers, secure building until 10:30-11:00 PM
• Return at 6:00-7:00 AM to prep for opening

Restaurant and Food Service

Why it happens:

• Late dinner service, early breakfast/lunch prep
• Manager continuity preferences
• Limited certified staff for opening duties
• High turnover creates scheduling gaps

Typical pattern:

• Close kitchen/dining room at 10:00-11:00 PM
• Cleaning and prep completed by midnight
• Return at 5:00-6:00 AM for morning prep

Hospitality

Why it happens:

• Late check-out service, early check-in
• Front desk coverage requirements
• Breakfast service begins early
• 24-hour properties have natural transition points

Typical pattern:

• Evening shift ends at 11:00 PM
• Morning shift begins at 6:00-7:00 AM

Coffee Shops and Quick Service

Why it happens:

• Early morning rush requires opening staff
• Evening shifts end late for closing duties
• Small staff makes coverage difficult
• Key positions require specific training

Typical pattern:

• Close at 8:00-9:00 PM
• Return at 4:30-5:00 AM to open

California Law and Clopening

Right to Rest Requirements

California cities with scheduling laws include minimum rest provisions:

City	Minimum Rest Period	Premium for Violation
San Francisco	11 hours	Time and a half for next shift
Los Angeles	10 hours	Time and a half for next shift
Emeryville	11 hours	Premium pay required

How Rest Period Is Calculated

Compliant schedule:

• Friday shift ends: 10:00 PM
• Saturday shift starts: 9:00 AM
• Time between: 11 hours
• Result: Compliant in all cities

Non-compliant schedule:

• Friday shift ends: 11:00 PM
• Saturday shift starts: 7:00 AM
• Time between: 8 hours
• Result: Violation in all covered cities

Employee Consent Provisions

Workers may waive rest period requirements if:

1. Consent is given in writing
2. Consent is truly voluntary
3. Consent is not coerced
4. Employee can revoke consent
5. Specific shifts are identified

Important: Consent obtained as condition of hire or through pressure is not valid.

Calculating Clopening Premiums

When Premium Pay Is Required

If an employer schedules clopening without valid consent:

San Francisco example:

• Closing shift: 4:00 PM - 11:00 PM (7 hours)
• Opening shift: 6:00 AM - 2:00 PM (8 hours)
• Hours between shifts: 7 hours
• Required minimum: 11 hours
• Violation: Yes (4 hours short)
• Premium rate: 1.5x for opening shift
• Regular rate: $18.00/hour
• Premium rate: $27.00/hour
• Opening shift pay: 8 x $27 = $216 (vs. $144 at regular rate)

Premium Calculation Examples

Example 1: Full violation (no consent)

Employee earns $20/hour in Los Angeles:

• Closing shift: 8 hours ($160)
• Rest period: 7 hours (3 hours short of 10-hour requirement)
• Opening shift: 8 hours at 1.5x = 8 x $30 = $240
• Total for both shifts: $400 (vs. $320 regular)

Example 2: Voluntary consent

Employee gives valid written consent:

• Closing shift: 8 hours at $20 = $160
• Opening shift: 8 hours at $20 = $160
• Total: $320 (no premium required)

Example 3: Partial week pattern

Employee works 3 clopening violations in one week:

Day	Shift	Premium
Mon	Opening after Sunday close	8 hours at 1.5x
Wed	Opening after Tuesday close	8 hours at 1.5x
Sat	Opening after Friday close	8 hours at 1.5x
Total extra premium	12 hours (8 x 3 x 0.5) of additional pay

Health and Safety Impacts of Clopening

Sleep Science and Clopening

Minimum sleep recommendations:

Age Group	Recommended Sleep	Clopening Reality
Adults (18-64)	7-9 hours	3-5 hours possible
Younger workers	8-10 hours	3-5 hours possible

Health effects of chronic sleep deprivation:

• Cardiovascular disease risk
• Diabetes risk increase
• Obesity correlation
• Mental health impacts
• Immune system weakening

Workplace Safety

Issue	Consequence
Impaired judgment	Poor decisions, customer service failures
Slower reactions	Increased accident risk
Reduced attention	Errors in cash handling, inventory
Mood effects	Conflict with customers, coworkers
Physical fatigue	Injuries from lifting, standing

Research findings:

• Workers with inadequate rest have 70% higher injury rates
• Fatigue-related performance impairment equals legal intoxication levels
• Drowsy driving after clopening shifts creates serious risk

Employer Compliance Strategies

Scheduling to Avoid Clopening

Schedule design principles:

1. Forward rotation: Schedule morning shifts before evening shifts in the week
2. Consistent shift types: Assign workers to primarily opening OR closing
3. Buffer days: Place off days between shift type changes
4. Team separation: Create distinct opening and closing teams

Example compliant schedule:

Day	Employee A (Opener)	Employee B (Closer)
Mon	6 AM - 2 PM	2 PM - 10 PM
Tue	6 AM - 2 PM	2 PM - 10 PM
Wed	Off	2 PM - 10 PM
Thu	6 AM - 2 PM	Off
Fri	6 AM - 2 PM	2 PM - 10 PM
Sat	6 AM - 2 PM	2 PM - 10 PM

When Clopening Is Necessary

If business needs require occasional clopening:

1. Obtain valid consent in writing
2. Make it voluntary with genuine choice
3. Limit frequency to minimize health impact
4. Pay premium if consent not obtained
5. Document everything for compliance records

Technology Solutions

Modern scheduling software helps prevent clopening:

Feature	How It Helps
Rest period alerts	Flags violations before posting
Auto-scheduling	Builds rest periods into algorithm
Consent tracking	Documents waivers and their validity
Premium calculation	Computes pay when violations occur
Compliance reporting	Identifies patterns for audit

Employee Rights Regarding Clopening

Right to Refuse

In covered cities, employees have the right to:

• Decline clopening shifts without retaliation
• Revoke consent previously given
• Request schedule accommodation for rest
• Report violations to enforcement agencies

Protecting Yourself

If asked to work a clopening:

1. Know your rights under local law
2. Ask whether you can decline
3. If consenting, document it's voluntary
4. Track your actual rest periods
5. Report concerns to management or agencies

Filing Complaints

Workers can report clopening violations to:

City	Agency
San Francisco	Office of Labor Standards Enforcement
Los Angeles	Office of Wage Standards
Emeryville	City enforcement staff

What to document:

• Schedules showing inadequate rest
• Time records with actual shift times
• Written requests and responses
• Any retaliation experienced
• Premium pay received or not received

Clopening and Other Scheduling Issues

Clopening vs. Split Shifts

Issue	Clopening	Split Shift
Definition	Closing then opening shifts	Work-break-work same day
Rest concern	Between calendar days	Extended unpaid break
Premium type	Right to rest premium	Split shift premium
Typical gap	4-10 hours overnight	2-4 hours during day

Combined Violations

An employee could experience multiple violations:

Example: Clopening with split shift

• Day 1 (split shift): 10 AM - 1 PM, break, 6 PM - 11 PM
• Day 2: 7 AM - 3 PM
• Violations: Split shift premium (Day 1) + Right to rest premium (Day 2)

Building a Clopening-Free Culture

Management Commitment

Leadership should:

1. Set policy against routine clopening
2. Train schedulers on rest requirements
3. Monitor compliance through regular audits
4. Reward good scheduling practices
5. Address patterns when they emerge

Employee Communication

Help workers understand:

• Their rights to adequate rest
• How to request schedule changes
• The consent process and their choices
• How to raise concerns without fear
• Available resources and support

Measuring Success

Track these metrics:

Metric	Target
Rest period violations	Zero
Clopening with consent	Minimal, documented
Employee complaints	Declining
Turnover rate	Improving
Fatigue-related incidents	Zero

Future of Clopening Regulation

Expanding Coverage

Current trends suggest:

• More California cities may adopt rest requirements
• State-level legislation periodically proposed
• National attention on scheduling practices growing
• Union contracts increasingly address clopening

Industry Standards

Some employers voluntarily eliminate clopening:

• Starbucks announced reduced clopening practices
• Gap Inc. eliminated on-call and reduced clopening
• REI adopted scheduling stability commitments
• IKEA improved schedule predictability globally

Preparing for Change

Even employers not currently covered should:

1. Understand the harm clopening causes
2. Evaluate current scheduling practices
3. Build systems to prevent clopening
4. Document any necessary exceptions
5. Train managers on emerging requirements