A settlement in a battle against Cumulus Media and part-time host David Vickery has been tossed by an Orlando U.S. District Court magistrate judge, on the grounds that the awardance of zero dollars for unpaid wages may not be fair.
Karla R. Spaulding, U.S. Magistrate Judge for the United States District Court, Middle District of Florida, said Monday she could not approve a settlement between Vickery and Cumulus, owner of Top 40 WAOA-FM “107.1 A1A” in Melbourne, Fla.
According to Law360, Vickery said he would drop Fair Labor Standards Act claims against Cumulus in exchange for a $7,000 unpaid bonus claim and $3,000 for attorney fees and court costs.
The dispute between Cumulus and Vickery began in February 2016, when Vickery (who used the on-air name “Timmy Vee”) sued WAOA’s owner for unpaid overtime wages.
Vickery hosted the station’s morning shift from 2000 through 2015 and said he earned $42,000 a year from his duties. The lawsuit was filed based on Vickery’s belief that, as he was neither an executive nor an administrative employee, he was eligible for overtime pay.
As RBR + TVBR reported in April 2016, Cumulus denied everything except that the company employed Vickery; they don’t even agree that he accurately described his job duties. Cumulus does acknowledge they paid Vickery a salary, that he qualified for the professional exemption under the Fair Labor Standards Act, that he had an employment agreement and they terminated him in February 2015.
In a May 2016 response, Vickery claimed Cumulus is attempting to “avoid responding to legally cognizable claims” for unpaid wages and damages and the company cannot deny it owns the station where Vickery worked for 14.5 years.
In August 2016, Cumulus Media was placed off the hook … or, so it seemed. As U.S. District Judge Roy B. Dalton saw it, corporate management had little to do with the matter, and that it was really a situation involving WAOA itself. But Vickery had until the end of the month to redraft his FLSA claim, which he did.
It’s now clear what will happen for both 107.1 A1A and Vickery. However, it could bring about a bigger victory for Vickery, and dollars from his now-former employer.
WAOA is now the home of the syndicated Zazza Mornings with Cheree.
