No CRS summary available for this bill.
This section amends the Fair Labor Standards Act of 1938 (FLSA) to (1) define "legal public holiday" in section 3(z) as the 11 holidays specified in 5 U.S.C. 6103(a) (i.e., New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day); (2) require in new section 8 that covered employers pay non-exempt employees at least time-and-a-half their regular rate for work performed on a legal public holiday, regardless of hours worked that week; and (3) exclude such holiday premium pay from creditable amounts under the overtime compensation provisions of section 7(h)(2). (Thus, non-exempt FLSA employees—generally those engaged in interstate commerce or employed by covered enterprises—receive separate time-and-a-half pay for holiday work in addition to any overtime due for hours over 40 in a workweek.) The section further (1) extends existing FLSA exemptions in section 13(f) to the holiday pay requirement; (2) applies FLSA enforcement mechanisms—including prohibited acts (section 15(a)), civil/criminal penalties and private rights of action (section 16), and injunctive relief (section 17)—to violations, with a two- or three-year statute of limitations under the Portal-to-Portal Act of 1947; (3) clarifies in section 18(c) that the FLSA does not preempt state or local laws requiring higher holiday pay rates; and (4) makes conforming amendments throughout the FLSA, including repealing section 10.