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United States Fourth Circuit


COUNTS v. S. CAROLINA ELEC. & GAS CO., 02-1131

Plaintiffs' status as exempt administrative employees under the Fair Labor Standards Act does not change merely because they perform some non-exempt labor, thus their claim for overtime pay fails.

Appellate Information

  • Argued 12/04/2002
  • Decided 01/31/2003
  • Published 01/31/2003

Judges

  • Before WILKINSON, Chief Judge, and WILLIAMS and MOTZ, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Arthur K. Aiken, Hammer, Hammer, Carrigg & Potterfield, Columbia, South Carolina, for Appellants.  Sue Erwin Harper, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellee.   ON BRIEF:  William C. Wood, Jr., Debbie N. Whittle, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellee.
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