H.R. 8980

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8980 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8980

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 21, 2026

Ms. McBride (for herself and Mr. Casar) introduced the following bill; 
which was referred to the Committee on Education and Workforce

_______________________________________________________________________

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Holiday Pay Act''.

SEC. 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:

``SEC. 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,''.
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