Security Guard Victory in Overtime-Avoidance Row Survives Appeal

Regions Security Services Inc. failed to overturn a determination that the company is liable to a former guard for lowering his regular pay to minimize overtime costs, a federal appeals court said Friday.

A prior appellate ruling in the same case made it clear that reducing an employee’s usual hourly wage must be based on something other than how many hours that employee worked in order to comply with the Fair Labor Standards Act, and the record shows Regions lacked other justifications, the US Court of Appeals for the Eleventh Circuit said in an unpublished opinion.

David Thompson sued ...