S. 3867

119 S3867 IS: Holiday Pay Act
 U.S. Senate
 2026-02-12
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 3867  IN THE SENATE OF THE UNITED STATES   February 12, 2026   Mr. Gallego  introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    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.
1.
Short title
This Act may be cited as the   Holiday Pay Act  .
2.
Rate of compensation for work performed on legal public holidays
(a)
In general
The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended—
(1)
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.
 ; and
(2)
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.
 .
(b)
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) .
(c)
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 .
(d)
Prohibited acts; enforcement
The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended—
(1)
in section 15(a) ( 29 U.S.C. 215(a) )—
(A)
in paragraph (1), by striking  section 6 or section 7,  and inserting  section 6, 7, or 8, ; and
(B)
in paragraph (2), by striking  section 6 or section 7,  and inserting  section 6, 7, or 8, ;
(2)
in section 16 ( 29 U.S.C. 216 )—
(A)
in subsection (b)—
(i)
by striking  section 6 or section 7  each place it appears and inserting  section 6, 7, or 8 ;
(ii)
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
(iii)
by inserting  or unpaid legal public holiday compensation  after  the amount of unpaid overtime compensation ;
(B)
in subsection (c)—
(i)
in the first sentence—
(I)
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 ;
(II)
by striking  section 6 or 7  and inserting  section 6, 7, or 8 ; and
(III)
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 ;
(ii)
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
(iii)
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
(C)
in subsection (e)(2), by striking  section 6 or 7  and inserting  section 6, 7, or 8 ; and
(3)
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 .
(e)
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.
 .
(f)
Additional conforming amendments
(1)
In general
The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended—
(A)
in section 3(o) ( 29 U.S.C. 203(o) ), by striking  sections 6 and 7  and inserting  sections 6, 7, and 8 ;
(B)
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
(C)
by repealing section 10 ( 29 U.S.C. 210 ).
(2)
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, .