Mark Sirota v. City of Mesa C.K. Luster, City Manager, City of Mesa Chief Guy Meeks, Police Chief, City of Mesa John and Jane Does I-X

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark SIROTA, Plaintiff-Appellant, v. CITY OF MESA; C.K. Luster, City Manager, City of Mesa; Chief Guy Meeks, Police Chief, City of Mesa; John and Jane Does I-X, Defendants-Appellees. No. 94-15844. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 18, 1995. Decided Dec. 1, 1995. 1 Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges 2 MEMORANDUM * 3 Mark Sirota appeals the district court's dismissal of his contract claim and entry of summary judgment on his Fair Labor Standards Act (FLSA) claim. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm summary judgment on the FLSA claim, but reverse the court's order dismissing Sirota's claim against the City for breach of contract. 1 4 * Sirota contends that the district court erred in granting summary judgment in the City's favor on his FLSA claim. Whether an employee is entitled to receive pay for time on-call depends primarily on "(1)…