Cumulus Media Gets Former WAOA/Melbourne Jock's Claims Dismissed Against It, But Case Continues Vs. Subsidiary

Partial Victory

CUMULUS MEDIA has won dismissal of claims against it by former CUMULUS Top 40 WAOA (107.1 A1A)/MELBOURNE, FL personality DAVID "TIMMY VEE" VICKERY in his lawsuit for overtime wages, but the suit continues against CUMULUS BROADCASTING LLC, a separate corporate entity of CUMULUS.

An order by U.S. District Judge ROY B. DALTON JR. signed on AUGUST 17th dismisses one count of VICKERY's suit as it pertains to CUMULUS MEDIA, claiming unpaid overtime compensation under the Fair Labor Standards Act, without prejudice, and another count, claiming unpaid contractural bonus payments, with prejudice.

VICKERY, a morning host on the station from 2000 through FEBRUARY 19th, 2015, alleged that he worked at least 45 hours per week for the station for a $42,000 per year salary from 2009 through 2015 with no raises, but that because he was not an executive or administrative employee, he was eligible for overtime wages under the Fair Labor Standards Act despite being under contract, and was owed bonuses under his contract. CUMULUS MEDIA moved to dismiss, claiming that it was not VICKERY's employer for FLSA purposes and was not a party to his contract.

VICKERY responded that CUMULUS MEDIA was the station owner and if CUMULUS BROADCASTING LLC, named as the employer in the contract, repudiated the contract as expiring in 2010, CUMULUS MEDIA must satisfy his claims, an argument the Judge termed confusing in his rejection of VICKERY's position.

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