COURT HOUSE – Douglas Schmitt is a lifeguard with the Ocean City Beach Patrol since June 1993. He filed a complaint May 15 in Superior Court, Civil Division alleging that Ocean City has engaged in systematic wage violations against its hourly-paid lifeguard employees for the vast majority of overtime hours worked.
The pretrial judge assigned to the complaint is Christopher Gibson. Schmitt is described as a current lifeguard who resides in Havertown, Pa. who has regularly worked overtime hours for which he was not paid by his employer, Ocean City, in violation of applicable state law.
Schmitt is represented by David Cedar, of Cedar Law Firm in Cherry Hill and Andrew Frisch of Morgan and Morgan in Plantation, Fla.
The complaint notes that counsel is competent and experienced in complex, class-action litigation and specifically class and collective wage and hour litigation.
The complaint has been filed as a class action desiring to represent more than 100 current and former lifeguards who, per the complaint, are similarly situated to prosecute their common class in a single forum simultaneously and thereby avoid duplication of expense and effort.
The action requests a jury trial to determine the veracity of Schmitt’s allegations and damages going back to April 2015 as mandated by the applicable statute of limitations of two years.
Per the complaint, the amount in controversy or damages is less than $75,000 per each individual in the class action.
Schmitt, in his complaint, alleges that Ocean City has violated state statues specifically that it has misclassified its lifeguard employees as exempt from state law regulating wages and hourly payment.
He further alleges that defendant Ocean City failed to keep true and accurate time records and that he worked in excess of 40 hours per week for which Ocean City failed to pay premium time and a half compensation under state law.
“The lifeguards work long hours doing important work to ensure the safety of thousands of beachgoers each season. Unfortunately, like many other employees in countless industries, they are not paid proper overtime wages when they work overtime hours. With this case we hope to get them the overtime pay they have earned,” said Frisch.
Ocean City Solicitor Dorothy McCrosson did not respond to the Herald’s request for comment.
To contact Camille Sailer, email csailer@cmcherald.com.
