"The city, last week or two weeks ago, had this press conference about people need to be following ESST and it's important and we need to be doing it," said Smith. "It is important. It's a good thing what they're doing. But the irony that the city cannot even follow it themselves, it frustrates me and makes me want to do something about it."

The ESST ordinance went into effect in July of 2017 and mandates that all employees in Saint Paul receive one hour of sick and safe time for every 30 hours worked.

However, Smith says when it comes to lifeguards, the city hasn't followed its own ordinance.

Smith claims the city never informed lifeguards of their rights under the ordinance, didn't post notices as required, and even denied him when he tried to use the sick time he'd built up.

Related: Lifeguard to sue city of St. Paul

"If this is the way I'm being treated, this is the way they're treating everyone," said Smith. "There's a lot of people who work in acquatics. A lot of lifeguards and park and rec workers who do concessions and stuff. There are a lot of people who are getting screwed over and don't even realize they're getting screwed over."

The suit asks for $50,000 and says Smith is entitled to recover what he's owed plus accrued interest.

"I hope that something changes," Smith said when asked what he hopes will come from his lawsuit. "I hope the city starts following its ESST ordinances. I hope there's a look, not just at acquatics, but parks as a whole and maybe different departments. We have no idea how wide this is."

"I hope the city can see it needs to do what it's making other people do," added Smith.

Saint Paul City Attorney Lyndsey Olson released the following statement to 5 EYEWITNESS NEWS:

"The City is currently in the process of reviewing the Complaint. After becoming aware of this matter and prior to receiving the Complaint, the City initiated an investigation which is still underway."

Toni D. Newborn, Director of Human Rights & Equal Economic Opportunity for the city also told KSTP, "We believe in the Earned Sick and Safe Time policy in the City of Saint Paul. We are continuing to work with all of our city departments to ensure that we are following this important ordinance, and leading by example in our city."