Law360.com reports that Cumulus has, for now, won a lawsuit against former WAOA Melbourne, FL. DJ David Vickery who accused the company of failing to pay overtime under the Fair Labor Standards Act.
Vickery said that the radio station employed him as a morning show co-host and had him work as much as 45 hours a week doing promotional work and other tasks. The suit named Cumulus Media and its subsidiary, Cumulus Broadcasting LLC, as defendants. U.S. District Judge Roy Dalton ruled that Vickery hadn’t sufficiently shown in his suit that the corporate parent had major employment-related decision-making power over the DJs work environment, letting Cumulus Media out of the suit’s claim that it violated the FLSA.
Cumulus Media argued it wasn’t his employer, so it couldn’t be accused of violating the Fair Labor Standards Act when he wasn’t paid overtime. According to Law360.com, Cumulus asked the court to cut his breach of contract claim against the corporate parent, saying that it couldn’t have breached his employment contract because it wasn’t a party to that deal.
The breach of contract claim was dismissed with prejudice. Vickery has until Aug. 31 to redraft his FLSA claim against the parent company.