Wage and Hour Division (WHD)

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EDINBURG, Texas -- The U.S. Department of Labor has filed a lawsuit against Valley Metro Security LLC in Edinburg, Texas, for failing to pay $57,130 in back wages to 55 current and former security guards after a department investigation found the employees had not been properly paid as required by the Fair Labor Standards Act (FLSA).

The complaint was filed in the U.S. District Court for the Southern District of Texas, McAllen Division against Valley Metro Security LLC, and individuals Francisco Guerrero and Josanna Guerrero. The suit resulted from an investigation covering a three-year period during which the department’s Wage and Hour Division in San Antonio found overtime, minimum wage and payroll recordkeeping violations of the FLSA.

“This company has been investigated three times for paying employees straight time for hours worked over 40 in a workweek,” said Cynthia Watson, the Wage and Hour Division’s regional administrator for the Southwest. “In this case, some employees worked as many as 74 hours without receiving overtime compensation. This practice is unacceptable”

Valley Metro Security provides guard and security services for warehouses and distribution centers in the McAllen, Texas, area.

The FLSA requires that covered employees be paid at least the federal minimum wage of $5.85 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. The FLSA provides an exemption from both minimum wage and overtime pay for bona fide executive, administrative, professional and outside sales employees. To qualify for exemption, employees generally must meet certain job duty and salary tests. Employers must also maintain accurate time and payroll records.

For more information about the FLSA, call the U.S. Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243) or the Wage and Hour Division’s San Antonio District Office at 210-308-4515. Information is also available on the Internet at www.wagehour.dol.gov. Information about the current exemption can be found on the Internet at www.dol.gov/fairpay.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.