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Frank J. Coughlin, Santa Ana, CA, for the plaintiff-appellant.

Richard J. Simmons, Douglas R. Hart, Jason W. Kearnaghan and Beth Anne Scheel, Sheppard, Mullin, Richter and Hampton LLP, Los Angeles, CA, for the defendant-appellee.

M. Patricia Smith, Solicitor of Labor; William C. Lesser, Acting Associate Solicitor; Paul L. Frieden, Counsel for Appellate Litigation; and Dean A. Romhilt, Attorney, United States Department of Labor, for the Secretary of Labor as amicus curiae.

Before: WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON, and N. RANDY SMITH, Circuit Judges.

The Opinion filed November 18, 2010, slip op. 18571 [ 2010 WL 4643846 ], and appearing at 18586, is amended as follows:

1. At slip op. 18586 n. 3 [ 2010 WL 4643846 ]:

The Department's amicus brief (which was submitted at our request in connection with a petition for rehearing) concluded:

N.R. SMITH, Circuit Judge:

When an employer changes its shift schedule to accommodate its employees' scheduling desires, the employer may reduce the employee pay rate to pay its employees the same wages they received under the former schedule, so long as the rate reduction was not designed to circumvent the provisions (including…