Harrison v. Springhill Medical

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-31321 Summary Calendar CURTIS HARRISON, Plaintiff-Appellant, versus SPRINGHILL MEDICAL CENTER, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 95-CV-1092 - - - - - - - - - - October 1, 1997 Before DUHE’, DeMOSS and DENNIS, Circuit Judges. PER CURIAM:* Curtis Harrison appeals the judgment following a verdict in favor of Springhill Medical Center (“Springhill”) in his lawsuit for unpaid overtime wages, pursuant to the Fair Labor Standards Act (“FLSA”). He argues that the district court erred by refusing to include in its charge three jury instructions he requested, specifically an instruction explaining the method of determining his regular rate of pay based on 29 C.F.R. § 778.115 and two instructions regarding his burden of proof based on * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 96-31321 -2- Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946). He further argues that the district court erred by including a jury instruction regarding “on-call time” in its charge over his objection. We have reviewed the record and the briefs and conclude that there is no error. AFFIRMED.