United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
June 8, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 03-60965
Summary Calendar
WILBUR KOLLMEYER,
Plaintiff-Appellant,
versus
WTVA, INC.,
Defendant-Appellee.
Appeal from the United States District Court for
the Northern District of Mississippi
(USDC No. 1:02-CV-355-D-D)
_______________________________________________________
Before REAVLEY, JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Plaintiff Wilbur Kollmeyer filed a claim for compensation under the Fair Labor
Standards Act (“FLSA”), 29 U.S.C. § 207, along with a state law breach of contract
claim. The plaintiff worked as a Sports Director for the defendant WTVA, Inc., a
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
television station. Upon resigning, he claimed he had not been compensated for 71 days
of overtime.
WTVA filed a motion for summary judgment. Pursuant to Rule 56(c) of the
Federal Rules of Civil Procedure, the district court granted WTVA’s motion for summary
judgment on the FLSA claims and remanded the plaintiff’s state law claims to state court.
We affirm the decision of the district court as the plaintiff fits within the small market
exemption to overtime requirements. See 29 U.S.C. § 213(b)(9). The defendant did not
waive its right to the exemption by providing the plaintiff with compensation days off in
return for overtime hours. We decline to address the revocation of the small market
exception as this issue was not clearly raised before the trial court. See United States ex
rel. Wallace v. Flintco Inc., 143 F.3d 955, 971 (5th Cir. 1998).
AFFIRMED.
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