Legal Question in Employment Law in California

Security guard hours

I have a small security guard business and the guards want to work more than 8 hours per shift, but my understanding is that means time and a half for the next 4 hours, and double time for the 4 hours after that. The guards state they have worked in other companies where they would work a 6 hour 'shift' on Tuesday night (ending at midnight), then start a 'new' 6 hour 'shift' Wednesday, (starting at midnight, ending at 6:00 AM) - all at straight time. Is this legal?

I'd appreciate answers, and possible, exploring this matter further with an attorney whose specialty is Labor Law in California.


Asked on 4/27/05, 6:54 pm

3 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Security guard hours

Good and tough question. I have done research in this area before under the FLSA and to be honest you need research done. I doubt anyone knows this right off the top of their head for sure. I would be willing to advise you and give you a formal letter opinion. My time is generally $200 an hour. I do practice labor and employment law in addition to general business litigation. Very best regards,

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Answered on 4/29/05, 7:11 pm
Matthew Rafat Law Office of Matthew Rafat

Re: Security guard hours

Your employees have to vote on an alternative workweek that allows this. It is a bit complicated, so you probably want to contact a local attorney.

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Answered on 5/06/05, 8:03 pm
Terry A. Nelson Nelson & Lawless

Re: Security guard hours

IF the company work day is defined as midnite to midnite, then 8 hours each of those days is likely straight time. You could also move to 4 day 40 hour weeks if that would help. Contact me if your company needs proper legal advise on how to do these things.

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Answered on 4/29/05, 9:25 pm


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