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required under the FLSA to make payments to an eligible worker in excess of $13 per hour or <br />$25,000 in the aggregate over the period of performance, the employer must use a source of <br />funding other than the SLFRF funds to satisfy those obligations. <br />Program Structure <br />Public Comment: Several commenters also requested elaboration on eligible types of <br />employees and permissible structures for awarding premium pay. A few commenters asked if <br />premium pay could be awarded to volunteers or those in irregular and non -hourly or salaried <br />employment positions. Similarly, various commenters asked if part-time workers were eligible <br />for premium pay. <br />Some commenters asked Treasury to provide more detail on when premium pay may be <br />paid retroactively or if a government could reimburse its general fund for hazard pay already <br />paid before the start of the period of performance. <br />Treasury Response: Treasury has also made clear in the final rule that a recipient may <br />award premium pay to non -hourly or salaried workers as well as part-time workers. Premium <br />pay may not, however, be awarded to volunteers. If a recipient is interested in compensating <br />volunteers with SLFRF funds, then it must do so consistent with the requirements set forth in <br />other eligible use categories; for example, see section Public Sector Capacity and Workforce in <br />Public Health and Negative Economic Impacts. <br />Under the final rule, recipients may award premium pay retroactively; however, SLFRF <br />funds may not be used to reimburse a recipient or eligible employer grantee for premium pay or <br />hazard pay already received by the employee. To make retroactive premium payments funded <br />with SLFRF funds, a recipient or eligible employer grantee must make a new cash outlay for the <br />232 <br />