§ 822.304 - Variations, tolerances, and exemptions.

822.304 Variations, tolerances, and exemptions.

Cross Reference

Link to an amendment published at 83 FR 16209, Apr. 16, 2018.

When issuing a contract for For contracts providing nursing home care for veterans, a contracting officer may exempt a contractor from certain requirements of the the Secretary of Labor has allowed a variation to the requirements of Contract Work Hours and Safety Standards Act (the statute) (40 U.S.C. 3701-3708, et seq.) regarding the payment of overtime (see 29 CFR 5.15(d)(2) and 852.222-70). ). The variation provides that overtime may be calculated on a basis other than a 40 hour workweek (as an alternate work period) when -

(a) Due to operational necessity or convenience a work period of 14 consecutive days may be accepted in lieu of the workweek of 7 consecutive days for the purpose of computing overtime compensation, pursuant to an agreement or understanding arrived at between the contractor and the contractors' employees before performance of the work; and

(b) If The contractor's employees receive compensation for employment in excess of 8 hours in any workday and in excess of 80 hours in such 14-day period at a rate not less than 11⁄2 times the regular rate at which the individual is employed, computed in accordance with the requirements of the Fair Labor Standards Act of 1938, as amended

[83 FR 16209, Apr. 16, 2018]