Holiday Pay Act
- Bill Number
- H.R. 8980
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-05-21: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-06-06T03:38:28Z
AI-Generated Summary
Holiday Pay Act (H.R. 8980)
Purpose
This legislation amends the Fair Labor Standards Act of 1938 to mandate that covered employers pay employees at least one and one-half times their regular rate for any work performed on a legal public holiday. The goal is to establish a federal requirement for premium compensation on specified holidays.
Key Provisions
- Definition Addition: Introduces a definition of "legal public holiday" in the Fair Labor Standards Act, referencing those listed in section 6103(a) of title 5, United States Code (such as New Year's Day, Independence Day, and Thanksgiving).
- New Compensation Requirement: Adds Section 8 to the Act, prohibiting employers from employing covered workers on a legal public holiday without paying at least 1.5 times the regular rate.
- Overtime Exclusion: Amends section 7(h)(2) to exclude holiday premium pay from calculations used to determine overtime compensation.
- Enforcement Updates: Modifies sections 15, 16, and 17 to include violations of the new holiday pay rule in prohibited acts, remedies for unpaid wages, and court actions, treating holiday compensation similarly to minimum wage and overtime violations.
- State Law Interaction: Adds language clarifying that the Act does not prevent states or localities from setting higher holiday pay rates or requiring pay for other holidays.
- Conforming Changes: Updates various sections for consistency, including exemptions under section 13 and statute of limitations provisions.
Significant Changes to Existing Law
- Creates a new standalone requirement for holiday work compensation, separate from existing overtime rules under section 7.
- Expands the scope of FLSA enforcement mechanisms to cover holiday pay violations, including employee lawsuits and Department of Labor actions.
- Removes an outdated section (section 10) and adjusts related provisions to integrate the new rule.
Potential Impacts
- On Employers: Requires private sector businesses engaged in interstate commerce to adjust payroll practices for holiday shifts, potentially increasing labor costs.
- On Employees: Provides additional compensation for those required to work on federal legal public holidays, without affecting overtime calculations.
- On Government Agencies: Increases administrative responsibilities for the Department of Labor in enforcement and compliance monitoring.
- No direct effects on international relations are outlined in the legislation.
Main Stakeholders Affected
- Employers: Businesses subject to FLSA jurisdiction, particularly those operating on holidays.
- Employees: Workers in commerce or related enterprises who perform holiday labor.
- Federal Government: Agencies responsible for labor standards enforcement and wage claims.
- State and Local Governments: Entities with existing or potential holiday pay laws that may interact with the federal standard.
Notable Legal, Constitutional, or Political Implications
- Extends FLSA protections under the commerce clause authority, applying uniformly to covered interstate activities.
- Maintains federalism by allowing states to impose stricter standards.
- Introduces new civil remedies and recordkeeping obligations, potentially leading to increased litigation over holiday scheduling and pay calculations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. McBride, Sarah [D-DE-At Large]
Cosponsors (1)
Recent Actions
- 2026-05-21: Referred to the House Committee on Education and Workforce.
- 2026-05-21: Introduced in House
- 2026-05-21: Introduced in House
Bill Versions
- Holiday Pay Act — issued 2026-05-21 — PDF (6 pages)