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(c) Providing premium pay to eligible workers. A recipient may use funds to provide <br />premium pay to eligible workers of the recipient who perform essential work or to provide grants <br />to eligible employers that have eligible workers who perform essential work, provided that any <br />premium pay or grants provided under this paragraph (c) must respond to eligible workers <br />performing essential work during the COVID-19 public health emergency. A recipient uses <br />premium pay or grants provided under this paragraph (c) to respond to eligible workers <br />performing essential work during the COVID-19 public health emergency if: <br />(1) The eligible worker's total wages and remuneration, including the premium pay, is <br />less than or equal to 150 percent of the greater of such eligible worker's residing State's or <br />county's average annual wage for all occupations as defined by the Bureau of Labor Statistics' <br />Occupational Employment and Wage Statistics; <br />(2) The eligible worker is not exempt from the Fair Labor Standards Act overtime <br />provisions (29 U.S.C. 207); or <br />(3) The recipient has submitted to the Secretary a written justification that explains how <br />providing premium pay to the eligible worker is responsive to the eligible worker performing <br />essential work during the COVID-19 public health emergency (such as a description of the <br />eligible workers' duties, health, or financial risks faced due to COVID-19, and why the recipient <br />determined that the premium pay was responsive despite the worker's higher income). <br />(d) Providing government services. A recipient may use funds for the provision of <br />government services to the extent of the reduction in the recipient's general revenue due to the <br />public health emergency, calculated according to this paragraph (d). A recipient must make a <br />one-time election to calculate the amount of the reduction in the recipient's general revenue due <br />to the public health emergency according to either paragraph (d)(1) or (d)(2) of this section: <br />423 <br />