A U.S. Magistrate Judge in the Sunshine State has given her blessing to a revised settlement that resolves an overtime wage dispute between the former morning host of a radio station in Central Florida and that station’s owner, Cumulus Media.Karla R. Spaulding, the 20-year U.S. Magistrate Judge for the Orlando area, concluded in a March 3 Order that a new settlement between Cumulus and David Vickery “is a fair and reasonable resolution” of the Fair Labor Standards Act claim.
The decision comes after Spaulding in January tossed a deal between Vickery, who used the on-air name “Timmy Vee” at Hot AC WAOA-FM “107.1 A1A” in Melbourne, Fla., and Cumulus that saw the “awardance” of zero dollars for unpaid wages.
As reported by Law360, Vickery at the time agreed to drop FLSA claims against Cumulus in exchange for a $7,000 unpaid bonus claim and $3,000 for attorney fees and court costs. Spaudling questioned the agreement, and ordered Cumulus to redraft its settlement with Vickery.
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.
WAOA is now the home of the syndicated Zazza Mornings with Cheree.
