Security guard unpaid wages may arise when hourly guards perform required work before clocking in, after clocking out, during unpaid meal periods, or outside scheduled hours. Employers generally must record and pay for compensable work they require or permit, even when the work takes only a few minutes at a time.

When Security Guards May Be Working Off the Clock

Security work often includes responsibilities beyond the scheduled post. Depending on the facts and applicable law, compensable time may include:

• Arriving early for required briefings, shift handoffs, equipment checks, or assignments.
• Waiting to use an employer’s timekeeping system after required work has begun.
• Answering work calls or text messages before a shift, after a shift, or on a day off.
• Monitoring a radio or remaining available to respond during an unpaid meal period.
• Working through paid rest periods or staying after a scheduled shift to complete reports or other duties.

All Compensable Time Can Affect Overtime

The U.S. Department of Labor’s off-the-clock guidance explains that covered, non-exempt employees generally must be paid for all time they are required or permitted to work. Under federal law, those employees generally must receive at least one and one-half times their regular rates for hours worked over 40 in a workweek. The DOL also provides guidance specifically for the security guard and maintenance-service industry.

Small amounts of unpaid time can add up. If omitted pre-shift, post-shift, call, or break time pushes total weekly hours above 40, the missing time may also affect overtime pay. Colorado law can provide additional overtime protection, including overtime after more than 12 hours in a workday or 12 consecutive hours, subject to applicable exemptions and rules.

Colorado Meal and Rest Period Rights

The Colorado Department of Labor and Employment states that most Colorado employees must receive meal periods and paid rest periods. Under the Colorado COMPS rules cited in the complaint discussed below, covered employees working more than five consecutive hours generally are entitled to an uninterrupted, duty-free meal period of at least 30 minutes. Covered employees also generally are entitled to a paid 10-minute rest period for each four-hour work segment or major fraction of four hours.

A meal period may be unpaid only if the employee is relieved of all duties. If a guard must carry and monitor a radio, answer calls, respond to incidents, or otherwise remain on duty, the period may be compensable depending on the facts. Workers should also be paid for required work performed during a rest period.

PalAmerican Security Guard Wages Class Action

On August 19, 2026, Agustin Lopez Herrera filed a proposed class action against PalAmerican Security, Inc. in the U.S. District Court for the District of Colorado. The case is Herrera v. PalAmerican Security, Inc., No. 1:26-cv-03811.

The complaint asserts claims under Colorado law only; it does not plead a nationwide FLSA collective action. The plaintiff alleges having worked as a non-exempt, hourly security guard in Aurora, Colorado since approximately October 2025. 

What the PalAmerican Complaint Alleges

According to the complaint, PalAmerican allegedly paid plaintiff and putative Class Members based only on their scheduled work hours and did not record or pay all time worked. The complaint alleges that:

• Guards had to arrive approximately 20 to 30 minutes early, park in a designated lot, take a shuttle to the job site, and complete a handoff with outgoing security personnel.
• Workers allegedly could not clock in until the scheduled start time and sometimes had to wait to use PalAmerican’s telephone timekeeping system.
• PalAmerican allegedly called or texted workers about job matters while they were off the clock, several times a week, for approximately 10 minutes to one hour or more per occasion.
• Workers allegedly had to carry and monitor employer-provided radios and respond during unpaid meal periods and attempted rest periods.
• The complaint asserts that the alleged unrecorded time resulted in unpaid regular wages, minimum wages, and overtime under Colorado law.

Who the Complaint Seeks to Represent

The proposed class is defined as all current and former non-exempt, hourly employees of PalAmerican Security who worked in Colorado during the three years preceding the complaint’s filing through the conclusion of the litigation.

Review the PalAmerican Security Guard Wages Class Action Complaint.

Records Workers Should Preserve

Workers should consider preserving paystubs, timecards, schedules, timekeeping records, required-arrival instructions, shuttle information, post orders, shift-handoff requirements, call and text logs, and personal notes showing dates and estimated time spent on unpaid work. Keep records lawfully and do not take confidential or customer information you are not authorized to possess.

Security Guards: Contact Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is available to evaluate potential wage claims involving off-the-clock work, unpaid minimum wages, unpaid overtime, and interrupted meal or rest periods.

For a free, no-obligation legal evaluation, send us a message or contact:

Michael Yarnoff, Esq., (215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses may be subject to court approval.

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