Security Guards Face Complex Overtime Rights Challenges That Could Cost Employers Millions

Security guards working long shifts, overnight duties, and 24-hour rotations face unique challenges when it comes to receiving proper compensation for their time. Recent legal developments have clarified that security guards who work eight hours per day, are on-call eight hours per day, and reside/sleep (off duty but on site) eight hours per day are entitled to be paid for the entire 24-hour time period, fundamentally changing how employers must approach compensation for these essential workers.

Understanding On-Call Time Compensation

The distinction between compensable and non-compensable time hinges on the level of control employers exercise over their security personnel. The FLSA mandates that employees be paid for on-call time spent at the worksite, even if the employee is conducting personal activities, such as reading, sleeping, or watching television, during that time. However, when an employee is on call somewhere other than the employer’s premises, the worker usually is not entitled to compensation unless called to duty.

California’s landmark Mendiola v. CPS Security Solutions case established crucial precedents for the industry. The guards were required to “reside” in their trailers as a condition of employment and spend on-call hours in their trailers or elsewhere at the worksite. They were obliged to respond, immediately and in uniform, if they were contacted by a dispatcher or became aware of suspicious activity. This level of employer control meant the entire on-call period was compensable time.

The Sleep Time Controversy

One of the most contentious issues in security guard compensation involves sleep time during extended shifts. Under federal law, where a public employer elects to pay overtime compensation to employees in fire protection activities and/or law enforcement personnel in accordance with section 7(a)(1) of the Act, the public agency may exclude sleep time from hours worked if all the conditions in § 785.22 of this title are met. In the absence of such an agreement, the sleep time is compensable. In no event shall the time excluded as sleep time exceed 8 hours in a 24-hour period. If the sleep time is interrupted by a call to duty, the interruption must be counted as hours worked.

However, state laws may provide stronger protections. California’s Supreme Court refused to incorporate into Wage Order 4 the federal regulation allowing exclusion of sleep time from hours worked and disapproved prior California case law applying the federal regulation to employees working 24-hour shifts. This means security guards in California must be paid for all hours on-site, including sleep time.

24-Hour Shift Compensation Requirements

Extended shifts present unique challenges for both employers and employees. Companies that require employees to work shifts of less than 24 hours must pay them for sleep time if the employee is permitted to sleep during the shift. For example, a health care or security worker might be required to work overnight, 12-hour shifts and be allowed to sleep during some of that time. Provided he or she can respond as needed to the employer, the client, or an emergency situation, the employer must pay for the full 12 hours, including the time the worker may be sleeping.

For shifts of 24 hours or longer, employers may not need to pay them for time spent sleeping, as long as the worker has adequate sleeping accommodations, can sleep uninterrupted for at least five hours, and has agreed with the employer to exclude sleep time from compensation.

Federal vs. State Law Differences

The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which serves as the lowest permissible wage for security officers. The FLSA also mandates overtime pay at a rate of one and a half times the regular rate for hours worked in excess of 40 within a work week. Some states have additional overtime requirements, such as overtime pay for daily hours worked beyond a specific limit.

California, for instance, has particularly strict requirements. California requires 1.5x pay after 8 hours/day, double pay after 12 hours, with 30-minute meal breaks after 5 hours and 10-minute rest breaks every 4 hours. These state-specific requirements often exceed federal minimums, providing stronger worker protections.

Common Violations and Red Flags

Security companies frequently violate wage and hour laws in several ways. Prep time counts as paid time. Driving between sites while on shift is paid time. Not allowing break time but docking it from a timesheet anyway is wrong. Docking pay for workplace violations is against the law. Additionally, employers cannot pay shift hours instead of hours worked. Employers are required to maintain accurate worksheets and pay each employee according to said timesheet.

Other common violations include failing to calculate overtime on a proper workweek basis. Overtime compensation must be calculated on a workweek basis. The hours cannot be averaged over a two-week period. This means that if the security guard works more than 40 hours in one week, he or she cannot be told to work less than 40 hours for the second week so the employer can avoid overtime.

Legal Remedies and Professional Representation

Security guards who believe their rights have been violated have several legal options available. When facing complex wage and hour violations, it’s essential to work with experienced legal counsel who understands the intricacies of employment law. An unpaid overtime attorney can help evaluate your case and determine the best course of action for recovering unpaid wages and overtime compensation.

The Howley Law Firm, located in New York, focuses on representing individuals in the areas of employment rights in New York and whistleblower rewards nationwide. With two experienced attorneys and a keen eye for quality, our small law firm is able to dedicate more one-on-one time to our hand-picked clients. The firm’s approach reflects their commitment to giving individuals the same high-quality legal representation that corporations have, providing the same high-quality, aggressive representation that corporations get at large law firms.

Moving Forward: Know Your Rights

Security guards are covered by the same wage and hour laws as other employees. This means they must be compensated for all the hours worked and receive one and a half times their regular rate of pay for any overtime. Understanding these rights is crucial for security professionals working in an industry where long hours and irregular schedules are common.

The legal landscape continues to evolve, with courts increasingly recognizing that security guards deserve full compensation for their time, including on-call periods and sleep time under certain circumstances. As enforcement increases and awareness grows, employers who fail to properly compensate their security staff may face significant financial liability, while workers who understand their rights can better advocate for fair treatment and proper pay.