---
kind: "section"
citation: "29 C.F.R. § 778.321"
title: "29"
number: "778.321"
heading: "Decrease in hours without decreasing pay—general."
url: "https://uscodex.org/cfr/29/778.321"
---

# §778.321. Decrease in hours without decreasing pay—general.


Since the regular rate of pay is the average hourly rate at which an employee is actually employed, and since this rate is determined by dividing his total remuneration for employment (except statutory exclusions) for a given workweek by the total hours worked in that workweek for which such remuneration was paid, it necessarily follows that if the schedule of hours is reduced while the pay remains the same, the regular rate has been increased.


## Notes

### Authority

Authority: 52 Stat. 1060, as amended; 29 U.S.C. 201 et seq. Section 778.200 also issued under Pub. L. 106-202, 114 Stat. 308 (29 U.S.C. 207(e) and (h)).

### Source

Source: 33 FR 986, Jan. 26, 1968, unless otherwise noted.