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Title 48 Part 822

Title 48 → Chapter 8 → Subchapter D → Part 822

Electronic Code of Federal Regulations e-CFR

Title 48 Part 822

e-CFR data is current as of November 8, 2019

Title 48Chapter 8Subchapter D → Part 822


Title 48: Federal Acquisition Regulations System


PART 822—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


Contents

Subpart 822.4 [Reserved]


Authority: 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 29 CFR 5.15(d); 41 U.S.C. 1702; and 48 CFR 1.301-1.304.

Source: 73 FR 2717, Jan. 15, 2008, unless otherwise noted.

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Subpart 822.3—Contract Work Hours and Safety Standards Act

822.304   Variations, tolerances, and exemptions.

For contracts providing nursing home care for veterans, the Secretary of Labor has allowed a variation to the requirements of Contract Work Hours and Safety Standards (the statute) (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 112 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]

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822.305   Contract clause.

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.

[83 FR 16209, Apr. 16, 2018]

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Subpart 822.4 [Reserved]