COUNTS v. SOUTH CAROLINA ELEC. & GAS CO.

No. 02-1131.

317 F.3d 453 (2003)

Carroll M. COUNTS; Charles J. Dickey, Jr.; Donald M. Fisher; John K. Knox; Charles J. McKinney; Robert K. Marsh; Barry E. Mather; Jerry R. Nolting; Susan B. Reese; Marty S. Ruff; Karl D. Sease; John E. Thompson; Lyndell Warren Holsonback; Dennis Lawayne Hutton; Dean G. Brouillette; Douglas Owen Watson, individually, and as representatives for the benefit and on behalf of others similarly situated, Plaintiffs-Appellants, and John Doe, I; John Doe, II; John Doe, III; John Doe, IV; John Doe, V; Robert D. Derrick, Plaintiffs, v. SOUTH CAROLINA ELECTRIC & GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 2003.


Attorney(s) appearing for the Case

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.

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


Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.

OPINION

WILKINSON, Chief Judge.

Plaintiffs in this case sued their employer, South Carolina Electric and Gas Company, for overtime wages for work done during two five-week periods in 1997 and 1999. Plaintiffs' status as exempt administrative employees under the Fair Labor Standards Act, however, does not change merely because they...

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