v. Witwer Grocer Co., 132 F.2d 108 (8th Cir.1942), for the proposition that an employer can comply with the FLSA by reducing the “regular” wage paid to its employees and pay overtime at one and one-half times the reduced regular rate such that the total pay to the employees remains the same. The Court finds that this is a correct statement of the law and, therefore, Defendant did not violate the FLSA by reducing the 12 hour shift wage such that the annualized wages for employees would remain the same for 12 hour shift and 8 hour shift employees. However, Plaintiffs argue that Defendant violated the FLSA by failing to pay overtime calculated based on the “regular rate of pay,” which they contend was the “posted” hourly rate applied to 8 hour sh -64, 65 S.Ct. 295, 89 L.Ed. 301 (1945) (<HOLDING>). Because Plaintiffs’ do not dispute that they
holding that the application of an extended statute of limitations to offenses occurring prior to the legislative extension where the prior and shorter statute of limitations has not run as of the date of such extension does not violate the ex post facto clause citing united states v powers 307 us 214 21718 59 sct 805 807 83 led 1245 rehg denied 308 us 631 60 sct 66 84 led 526 1939 holding that section 7a refers to regular rate which we have defined to mean the hourly rate actually paid for the normal nonovertime workweek  quoting walling v helmerich  payne inc 323 us 37 40 65 sct 11 89 led 29 1944 holding that  where an action is simply for the recovery  of a money judgment the action is one at law1  quoting whitehead v shattuck 138 us 146 151 11 sct 276 34 led 873 1891 holding that final agency action under the apa 5 usc  704 must be the consummation of the agencys decisionmaking process must not be of a merely tentative or interlocutory nature and must be one by which rights or obligations have been determined or from which legal consequences will flow  first quoting chi  s air lines inc v waterman ss corp 333 us 103 113 68 sct 431 92 led 568 1948 and then quoting port of bos marine terminal assn v rederiaktiebolaget transatlantic 400 us 62 71 91 sct 203 27 led2d 203 1970 holding that an attorneys fee award must be reasonable in relation to the success achieved quoting hensley v eckerhart 461 us 424 436 103 sct 1933 76 led2d 40 1983