Guard companies operate on long shifts and thin margins, and overtime shortcuts are common in this industry. Most of those shortcuts fail under federal law.
Who do I represent?
- Unarmed and armed security officers
- Site supervisors and shift leads
- Patrol drivers and mobile guards
- Event and venue security staff
- Loss prevention officers
What are the most common overtime violations in security?
Guards called "exempt supervisors" who guard. Putting supervisor on a badge does not make you exempt. The exemption depends on what you actually do all shift. If you are standing post, checking IDs, walking patrols, and writing incident reports, your primary duty is guard work. Guard work is not exempt. A salaried guard working 60 hours a week is owed time and a half for 20 of them.
Day rates and flat shift pay. A flat amount per shift regardless of whether the shift runs 8 hours or 14 does not satisfy the overtime law. The flat rate becomes the basis for calculating the regular hourly rate, and the overtime premium is owed on top for every hour over 40 in the workweek.
Unpaid roll call, briefings, and pass-downs. If you must show up early for briefing, stay late to pass down the post, or complete reports after your relief arrives, that time counts. The employer cannot decline to pay for time it requires you to work.
Travel between posts. Once your workday starts, travel from one site to another is work time. Patrol drivers and rovers lose hours here constantly.
On-call restrictions that amount to work time. If you are required to stay close, remain sober, and respond within minutes, the restrictions on your freedom may make those on-call hours compensable.
How does the law protect you?
The Fair Labor Standards Act requires time and a half for every hour over 40 in a workweek. There is no exemption for security work, no exemption for 12-hour shift schedules, and no exemption because the client contract did not budget for overtime. Whatever the guard company agreed to with its client, your right to overtime is not part of what the company is allowed to give away.
What could your case be worth?
Back pay covers the unpaid overtime for the recoverable period, which is two years from the date you file, or three years if the violation was willful. Liquidated damages can double that amount. Guards work some of the longest regular schedules of any industry, and the per-week numbers compound quickly. The free overtime calculator on this site will give you a rough estimate in a few minutes.
What does it cost to bring a case?
I handle all cases on a contingency fee basis. My fee is a percentage of the recovery, agreed to in writing before the case starts. If there is no recovery, you pay nothing, not even the costs.
Contact me
If you are working 50, 60, or 70-hour weeks on a salary, a day rate, or straight-time pay, call me. I will ask about your schedule, your post orders, and how you are paid. Then I will tell you whether you have a case.
Call (512) 799-2048 or use the contact form. The consultation is free.
Doug Welmaker is a Texas-licensed plaintiff-side overtime attorney (Texas Bar No. 00788641) with more than 30 years of practice and 15 years focused exclusively on FLSA overtime cases. This page provides general legal information, not legal advice about your specific situation. No attorney-client relationship is formed by reading this page.