Riegelsberger v. Air Evac EMS, Inc., No. 19-1414 (8th Cir. 2020)
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The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Air Evac in an action brought by plaintiff, alleging unpaid overtime wages in violation of the Fair Labor Standards Act (FLSA).
The court agreed with the district court that Air Evac is a "carrier by air," and thus plaintiff's job as a flight paramedic was exempt from the FLSA's overtime requirements. In this case, Air Evac is not equitably estopped from asserting that the position is exempt, and thus the district court did not abuse its discretion in concluding that plaintiff's reliance on a letter to argue to the contrary was unreasonable because Air Evac had otherwise clearly and consistently communicated its overtime policy to plaintiff. Furthermore, the air-carrier exemption applies because Air Evac is a common carrier where Air Evac is willing to provide transportation services for hire to all within its definable segment and it does not discriminate within its segment.
Court Description: [Stras, Author, with Benton and Grasz, Circuit Judges] Civil Case - Fair Labor Standards Act. Riegelsberger, a flight paramedic with Air Evac, sued for overtime pay, claiming Air Evac's policy to pay overtime only for work over 84 hours in a two-week pay period violated the FLSA. Air Evac is not equitably estopped from asserting the position is exempt in light of it's earlier statements that the position was non-exempt, because reliance on the letter was unreasonable and Riegelsberger did not exercise reasonable diligence in investigating the inconsistencies. Because the air-carrier exemption applies because Air Evac is a common carrier, the district court's grant of summary judgment to Air Evac is affirmed.
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