|                                                            | U.S. Department of Labor |
|------------------------------------------------------------|--------------------------|
| Employment Standards Administration Wage and Hour Division |

Fact Sheet #4: Security Guard/Maintenance Service Industry Under the Fair Labor      Standards Act (FLSA)
This fact sheet will briefly cover how the FLSA applies to the Security      Guard and Maintenance Service Industries.
Characteristics
The security guard service industry includes those firms that provide protection       to firms or individuals. Normally, the guard obtains a State license which       is portable from firm to firm. The guards cover a post daily and are usually       paid on an hourly basis.

The maintenance service industry includes those firms that provide janitorial       services in general. Normally, the firm provides the necessary materials       to do the cleaning. The employees generally perform work at one or more       locations during the work shift.
Coverage
If the security guard or maintenance worker is employed in an      establishment that is engaged in commerce or in the production of goods      for commerce, such as a warehouse, factory, bank, insurance company, etc,      he/she is covered by the FLSA.

If the security guard or maintenance firm has sales or projects sales in      excess of $500,000 per year, or is part of other related businesses where      there is common ownership, control, or business purpose and the combined      sales or projected sales are in excess of $500,000 per year, then the FLSA      will apply to all employees of the firm/enterprise.
Requirements
The FLSA requires the payment of the Federal minimum wage and the payment      of time and one-half the regular rate of pay for hours worked in excess of      40 in the workweek. The FLSA also requires the firm to make, keep and      preserve certain records among which are the hours worked on a daily and      weekly basis by non-exempt employees.

There are also certain restrictions in the employment of minors under      age 18, such as the number of hours worked per day/week, how late they can      work in the day, and the work they may engage in.

Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to      pay a youth minimum wage of not less that $4.25 an hour to employees who      are under 20 years of age during the first 90 consecutive calendar days      after initial employment by their employer. The law contains certain      protections for employees that prohibit employers from displacing any      employee in order to hire someone at the youth minimum wage.
Typical Problems
Security Guard Firms: The security guard cannot bear the cost of the      uniform, gun, whistle, belt, and other employer/industry required tools if      by purchasing them he/she receives less than the applicable minimum wage      or such purchasing would cut into any overtime wages earned. This applies      whether she\he buys the uniform directly or if it is sold to the employee      by the firm. 

The cost of dry cleaning the uniform cannot be borne by the employee if      in doing so he/she receives less than the minimum wage or the costs would      cut into any overtime wages.

Overtime must be calculated on a workweek basis, and the hours cannot be      averaged over a two week period.

The hours worked by guards in more than one post in the same week must      be counted together for overtime purposes.

Travel time between work sites must be treated as hours worked.

All hours of work must always be recorded; sometimes they are hidden by      showing "expense" payments for hours over 40 in a week, which is      illegal.

Maintenance Service Firms: Every person who works must receive payment.      If a man and wife team, and/or other family members work together, each      member of the team must be carried on the payroll and each must receive      proper compensation for their hours worked.

Minors under the age of 16 cannot work past 7:00 p.m., except from June      1st through Labor Day, when they may work until 9:00 p.m.

If minors work, they must also receive proper compensation for the hours      they work.

Overtime must be paid after 40 hours of work in the workweek to all      non-exempt employees regardless of the method of compensation, i.e.,      hourly, piece rate, task basis, salary, etc.

The hours worked by a janitor who works in more than one establishment      must be counted together for overtime purposes.
Where to Obtain Additional Information
This publication is for general information and is not to be considered      in the same light as official statements of position contained in the      regulations. 

**For additional information, visit our Wage-Hour website: http://www.wagehour.dol.gov       and/or call our Wage-Hour toll-free information and helpline, available       8am to 5pm in your time zone, 1-866-4USWAGE (1-866-487-9243).**

 
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