---
kind: "section"
citation: "48 C.F.R. § 822.304"
title: "48"
number: "822.304"
heading: "Variations, tolerances, and exemptions."
url: "https://uscodex.org/cfr/48/822.304"
---

# §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](/usc/40/3701.md), et seq.) regarding the payment of overtime (see [29 CFR 5.15(d)(2)](/cfr/29/5.15.md?p=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 1 1/2 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

## Notes

### Amendments

[83 FR 16209, Apr. 16, 2018]

### Authority

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

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

### Amendments

[83 FR 16209, Apr. 16, 2018]