In some cases, pursuant to a definite plan for the permanent
reduction of the normal scheduled workweek from say, 48 hours to 40
hours, an agreement is entered into with a view to lessening the shock
caused by the expected reduction in take-home wages. The agreement may
provide for a rising scale of rates as the workweek is gradually
reduced. The varying rates established by such agreement will be
recognized as bona fide in the weeks in which they are respectively
operative provided that (a) the plan is bona fide and there is no effort
made to evade the overtime requirements of the Act; (b) there is a clear
downward trend in the duration of the workweek throughout the period of
the plan even though fluctuations from week-to-week may not be
constantly downward; and (c) the various rates are operative for
substantial periods under the plan and do not vary from week-to-week in
accordance with the number of hours which any particular employee or
group happens to work.
