Counts v. South Carolina Electric & Gas Company

**Counts v. South Carolina Electric & Gas Company (2003)** **What Happened** Electric utility workers sued South Carolina Electric & Gas Company for unpaid overtime. These employees were classified as salaried administrative workers, but during plant outages, they were temporarily assigned to perform hands-on maintenance and repair work that would normally qualify for overtime pay. The workers argued they should receive overtime compensation for these periods when they performed non-administrative tasks. **What the Court Decided** The Fourth Circuit Court of Appeals ruled in favor of the company. The court found that these salaried employees remained exempt from overtime requirements under federal wage laws, even when temporarily doing manual work during outages. The court explained that what matters is the employee's primary job duties over the entire business cycle, not just during temporary assignments. **Why This Matters for Workers** This ruling shows that temporary work assignments don't automatically change your overtime eligibility. If you're classified as an exempt salaried employee, performing different tasks for short periods likely won't make you eligible for overtime pay. Your overall job classification and primary responsibilities throughout the year determine your overtime rights, not just what you do during busy periods or special projects.