|822.304||Variations, tolerances, and exemptions.|
AUTHORITY: 29 CFR 5.15(d); 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; 48 CFR 1.301-1.304.
For contracts providing nursing home care for veterans, the Secretary of Labor has allowed a variation to the requirements of the Contract Work Hours and Safety Standards (40 U.S.C. 3701 et seq.) regarding the payment of overtime (see 29 CFR 5.15(d)(2). 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 1½ 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.
The contracting officer shall insert the clause at 852.222-70, Contract Work Hours and Safety Standards–Nursing Home Care for Veterans, in solicitations and contracts for nursing home care for Veterans. The contractor shall flow down this clause and insert in all subcontracts, at any tier.