TRENTON — A New Jersey Department of Labor and Workforce Development (NJDOL) investigation initiated by complaints found that 347 lifeguards were due more than $400,000 in unpaid overtime from three Jersey Shore municipalities — Atlantic City, the Borough of Avalon and Stone Harbor.
“New Jersey’s lifeguards put their lives on the line for the safety of summer shore visitors, so it’s our responsibility to ensure they receive all the wages they are entitled to,” said Labor Commissioner Robert Asaro-Angelo. “We will continue to make sure workers — especially young workers who may not yet understand their work rights — are being paid properly.”
In Atlantic City, Investigators from the Department’s Division of Wage and Hour Compliance found the city’s lifeguards were only paid overtime after they reached 48 hours of work per week, not the 40-hour per week mark required under the law. A total of 146 employees were found to be owed $197,150 in unpaid overtime. Additionally, 14 minors were working without a proper Employment Certificate, and the time-in/time-out was not being documented the for minor employees, as the law requires.
Just 35 miles south, Borough of Avalon lifeguards were paid a straight hourly rate for all hours worked, regardless of whether the workweek exceeded 40 hours thus denying 125 employees $116,161 in overtime. Additionally, seven minors were working without proper documentation, and their hours were not being documented.
Similarly, the Stone Harbor Beach Patrol compensated lifeguards for hours worked, but were not including an overtime pay rate. This investigation found 76 employees to be owed $94,114 in unpaid overtime wages. Five minor employees were working without proper Employment Certificates. Additionally, time-in/time-out records for minor employees were not maintained.
As a result of the investigation, nearly all the affected workers have received the back wages to which they were entitled.
NJDOL has been ramping up its worker protection and safety enforcement.
Throughout July and August, NJDOL led an expansive effort to inspect and provide safety assessments to beach patrols along the state’s coastline to mitigate issues involving boats and lightning — a campaign prompted by the heartbreaking deaths of two young lifeguards in August 2021.
New Jersey workers who feel they have been wrongly denied compensation or benefits, and employers who have questions about compliance with New Jersey laws may visit myworkrights.nj.gov or call 609-292-2305.
