29 C.F.R. § 778.324 Effect on hourly rate employees.
Title 29 - Labor
A similar situation is presented where employees have been hired at an hourly rate of pay and have customarily worked a fixed workweek. If the workweek is reduced from 40 to 35 hours without reduction in total pay, the average hourly rate is thereby increased as in §778.322. If the reduction in work schedule is accompanied by a new agreement altering the mode of compensation from an hourly rate basis to a fixed salary for a variable workweek up to 40 hours, the results described in §778.323 follow.
Title 29: Labor
PART 778—OVERTIME COMPENSATION
Subpart D—Special Problems
Reduction in Workweek Schedule With No Change in Pay
§ 778.324 Effect on hourly rate employees.