Robert Wellman v. MCI Telecommunications Corporation

12 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert WELLMAN, Plaintiff-Appellant, v. MCI TELECOMMUNICATIONS CORPORATION, Defendant-Appellee. No. 92-35051. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1993. Decided Nov. 18, 1993. Before: GOODWIN, SCHROEDER and PREGERSON, Circuit Judges. 1 MEMORANDUM * 2 Robert Wellman appeals from the grant of summary judgment in favor of MCI Telecommunications Corp. ("MCI") in his suit for damages under the Fair Labor Standards Act ("FLSA"). We affirm. 3 Wellman was, at all material times in this case, a senior field engineer for MCI, an international telecommunications network. He was not a member of a collective bargaining unit, and he was employed on an individual contract. The contract required Wellman to carry a pager, sometimes called a "beeper" and remain subject to 24-hour-call in the event of emergencies or system outages over his service area. Wellman did not receive additional…