Section 1 Short title
This Act may be cited as the “Holiday Pay Act”.
Holiday Pay Act
A BILL
To amend the Fair Labor Standards Act of 1938 to require employers to compensate employees working on a legal public holiday for such work at a rate that is not less than one and one-half times the regular rate at which the employee is employed, and for other purposes.
Sec. 2 Rate of compensation for work performed on legal public holidays
in section 3 (29 U.S.C. 203), by adding at the end the following:
“(z) Legal public holiday means any legal public holiday specified in section 6103(a) of title 5, United States Code.”
by inserting after section 7 (29 U.S.C. 207) the following:
“8. Rate of compensation for work performed on legal public holidays
“No employer shall employ an employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for work performed on a legal public holiday unless such employee receives compensation for such work at a rate not less than one and one-half times the regular rate (as determined under section 7(e)) at which the employee is employed.”
Exclusion from compensation creditable towards overtime compensation— Section 7(h)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(h)(2)) is amended by inserting “(other than for work performed on a legal public holiday as required under section 8)” after “(6)”.
Exemptions— Section 13(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(f)) is amended by striking “6, 7, 11, and 12” and inserting “6, 7, 8, 11, and 12”.
Prohibited acts; enforcement— The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
in section 15(a) (29 U.S.C. 215(a))—
in paragraph (1), by striking “section 6 or section 7,” and inserting “section 6, 7, or 8,”; and
in paragraph (2), by striking “section 6 or section 7,” and inserting “section 6, 7, or 8,”;
in section 16 (29 U.S.C. 216)—
in subsection (b)—
by striking “section 6 or section 7” each place it appears and inserting “section 6, 7, or 8”;
by striking “their unpaid minimum wages, or the unpaid overtime compensation,” and inserting “their unpaid minimum wages, unpaid overtime compensation, or unpaid legal public holiday compensation,”; and
by inserting “or unpaid legal public holiday compensation” after “the amount of unpaid overtime compensation”;
in subsection (c)—
in the first sentence—
by striking “the unpaid minimum wages or the unpaid overtime compensation” and inserting “the unpaid minimum wages, unpaid overtime compensation, or unpaid legal public holiday compensation”;
by striking “section 6 or 7” and inserting “section 6, 7, or 8”; and
by striking “such unpaid minimum wages or unpaid overtime compensation” and inserting “such unpaid minimum wages, unpaid overtime compensation, or unpaid legal public holiday compensation”;
in the second sentence, by striking “unpaid minimum wages or overtime compensation” inserting “unpaid minimum wages, unpaid overtime compensation, or unpaid legal public holiday compensation”; and
in the third sentence, by striking “unpaid minimum wages or unpaid overtime compensation under sections 6 and 7” and inserting “unpaid minimum wages, unpaid overtime compensation, or unpaid legal public holiday compensation under section 6, 7, or 8”; and
in subsection (e)(2), by striking “section 6 or 7” and inserting “section 6, 7, or 8”; and
in section 17 (29 U.S.C. 217), by striking “minimum wages or overtime compensation” and inserting “minimum wages, overtime compensation, or legal public holiday compensation”.
Relation to other laws— Section 18 of the Fair Labor Standards Act of 1938 (29 U.S.C. 218) is amended by adding at the end the following:
“(c) No provision of this Act or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance—
“(1) establishing a rate of compensation for work performed on a legal public holiday that is higher than the rate required under section 8; or
“(2) otherwise requiring compensation for work performed on any other holiday that is greater than the compensation required under this Act.”
Additional conforming amendments—
in section 3(o) (29 U.S.C. 203(o)), by striking “sections 6 and 7” and inserting “sections 6, 7, and 8”;
in section 4(f), by striking “unpaid minimum wages, or unpaid overtime compensation,” and inserting “unpaid minimum wages, unpaid overtime compensation, or unpaid legal public holiday compensation,”; and
by repealing section 10 (29 U.S.C. 210).
Statute of limitations— Section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended by inserting “unpaid legal public holiday compensation,” after “unpaid overtime compensation,”.