As prescribed in 822.305, for nursing home care requirements, insert the following clause:
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-NURSING HOME CARE CONTRACT SUPPLEMENT (JAN 2008)
The following exemption to FAR clause 52.222-4, Contract Work Hours and Safety Standards Act-Overtime Compensation, applies to this contract: A contractor and subcontractor under this contract will not be required to pay overtime wages to their employees for work in excess of 40 hours in any workweek, which would otherwise be a violation of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), provided:
(a) The contractor or subcontractor is primarily engaged in the care of nursing home patients residing on the contractor’s or subcontractor’s premises;
(b) There is an agreement or understanding between the contractor or subcontractor and their employees, before performance of work, that a work period of 14 consecutive days is acceptable in lieu of a work period of 7 consecutive days for the purpose of overtime compensation;
(c) Employees receive overtime compensation at a rate no less than 11/2 times the employees’ regular hourly rate of pay for work in excess of 80 hours in any 14 day period; and
(d) Pay is otherwise computed in accordance with the requirements of the Fair Labor Standards Act of 1938, as amended.
(End of Clause)
