Dollars for Waiting, law homework help

Problem 7. Dollars for Waiting?

Jeffrey Swift has been a messenger used by a couple of
the local businesses where the Discrimina, Inc. machine shop is located.
Sometimes he has done some extra errands inside the Discrimina building
for a couple of hours. For the last several weeks, he has helped
package items for shipment on Thursdays. Things have gone well, but
Jeffrey is concerned because sometimes he has waited over two hours in
the waiting room while waiting for the packaging to begin. He wouldn’t
mind but Discrimina pays only for packaging time, not for waiting
time. He can never be certain when the parts will be ready for packaging
because final quality checking time varies wildly.

Jeffrey has his own delivery business, but Discrimina
has only paid him cash. Each time, Jeffrey has given the company a
receipt for the cash. While he waits, he sometimes goes out for donuts
for the crew. At other times, he plays games on his PDA or makes cell
calls to friends.

Question

If Jeffrey Swift sues for the waiting time hours, what
is the likely result and why? Write your answer in a Word document in
1-2 pages.