Wage and Hour Division (WHD)

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GUAYNABO, P.R. -- A comprehensive enforcement initiative by the U.S. Labor Department’s Wage and Hour Division targeting the security guard industry in Puerto Rico has resulted in the recovery of almost $1.3 million in back wages on behalf of almost 5,000 workers over the past three years.

According to David R. Heffelfinger, district director for the Wage and Hour Division in Guaynabo, his office investigated 181 security guard companies for possible violations of the federal Fair Labor Standards Act (FLSA) between Jan. 1, 2004 and Dec. 31, 2006. The FLSA requires that employees be paid at least the applicable minimum wage and time and one-half their regular rate of pay for hours worked over 40 per week. Employers also must maintain accurate records of employees’ wages, hours and conditions of employment.

Heffelfinger noted that most of the workers involved in these cases are security guards being paid the minimum wage. Most violations resulted because the companies often require employees to work overtime but do not properly pay them for overtime hours. “Security guard companies in Puerto Rico have a chronic history of requiring employees to work over 40 hours per week and then paying them straight time for all hours worked,” he said. “The FLSA clearly requires the payment of time and one-half for all hours worked over 40 in a single work week.”

During the three-year period, the Wage and Hour Division investigated 181 security guard companies across Puerto Rico. A total of 139 employers were found in violation of the FLSA. So far, 112 of those employers have paid a total of $1,287,044 -- primarily in overtime back wages -- to 4,995 workers. Seventeen of these employers were also assessed at total of $440,967 in civil money penalties payable to the U.S. Department of Labor. According to Heffelfinger, three investigations resulted in lawsuits in which the Labor Department obtained judgments of the court ordering the employers to pay more than $296,677 to 222 employees.

“We hope that this enforcement initiative has been a wake up call for security firms all across the Commonwealth,” said Heffelfinger. “We know that they are violating the law and we will not hesitate to pursue them and compel them to pay their employees properly for all hours worked. It’s a matter of both legal obligation and simple fairness.”

The investigations were conducted by the Puerto Rico District Office of the Labor Department’s Wage and Hour Division. Information on the requirements of the FLSA may be obtained by calling that office at (787) 775-1947 or the U.S. Labor Department’s toll-free help line at 1 (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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