United States District Court, E.D. Arkansas, Western Division
Marshall Jr. United States District Judge
Meinke sued Southern Paramedic for unpaid minimum wages and
overtime under the Fair Labor Standards Act and Arkansas
Minimum Wage Act. Southern Paramedic seeks summary judgment.
Under the FLSA, the burden's on Meinke to prove he
performed work for which he wasn't properly paid.
Anderson v. Mt. Clemens Pottery Company, 328 U.S.
680, 687 (1946). Meinke argues Southern Paramedic should have
paid him for all scheduled sleep time if he didn't get
five consecutive hours of sleep during an eight-hour
sleep time period. But under the applicable regulation and
Eighth Circuit precedent, the five hours need not be
consecutive. 29 C.F.R. § 785.22; Bouchard v.
Regional Governing Board, 939 F.2d 1323, 1332 (8th Cir.
1991). Southern Paramedic had to pay Meinke for the entire
eight hours only if he didn't get five hours' sleep -
in total - during the scheduled sleep period. Ibid.
Meinke's overtime claims are mostly premised on all that
allegedly miscalculated sleep time, but Southern Paramedic
calculated it correctly.
to the rest of Meinke's overtime and minimum wage claims.
If Southern Paramedic's time records were inaccurate or
inadequate, Meinke could carry his burden by "producing
sufficient evidence to show the amount and extent of that
work as a matter of just and reasonable inference."
Anderson, 328 U.S. at 687.
hasn't. Southern Paramedic provided detailed records of
Meinke's work time. No. 23-6 to 23-13. Meinke
says Southern Paramedic changed and cut his recorded hours,
and that he worked some time that wasn't recorded at all.
But he doesn't back these allegations up with any
specific dates, supporting documents, or other corroborating
did produce and mention some records. Southern Paramedic says
these records document Meinke's employment at Southern
Paramedic and another entity. Nb 24 at 3. What's
missing, though, is any argument or particulars from Meinke
about how these records contradict Southern Paramedic's
comprehensive records. Other than Meinke's bare
assertions, there's no record evidence of unpaid time
worked. Even taking all inferences in his favor, those
assertions alone wouldn't adequately support a jury's
finding that Meinke worked unpaid time in any given week.
Holaway v. Stratasys, Inc., 771 F.3d 1057, 1059-60
(8th Cir. 2014).
parties haven't developed Meinke's AMWA claim for
overtime in their summary judgment papers. But the state and
federal statutes provide the same overtime requirements, and
are interpreted similarly. E.g., Helmert v.
Butterball, LLC, 805 F.Supp.2d 655, 663 n.8 (E.D. Ark.
2011). Meinke's AMWA claim fails for the same reasons as
his FLSA claims.
Paramedic's motion for summary ...