PolicyBrief
S. 3867
119th CongressFeb 12th 2026
Holiday Pay Act
IN COMMITTEE

This Act mandates premium pay of at least one and one-half times the regular rate for all work performed on designated federal legal public holidays.

Ruben Gallego
D

Ruben Gallego

Senator

AZ

LEGISLATION

Holiday Pay Act Mandates Time-and-a-Half for Federal Holidays: New Protections for Hourly and Union Workers Alike.

The Holiday Pay Act proposes a major shift in how the American calendar affects your paycheck by amending the Fair Labor Standards Act (FLSA). Under this bill, any employee engaged in commerce—which covers the vast majority of private-sector workers—must be paid at least 1.5 times their regular hourly rate for any work performed on a legal public holiday. This isn't just a suggestion; the bill explicitly prohibits employers from requiring holiday work without this premium pay, effectively making 'time-and-a-half' the federal floor for days like New Year’s Day, Independence Day, and Thanksgiving.

The 'No Double-Dipping' Rule

One of the most important technical details in Section 2 is how this interacts with your existing overtime. The bill clarifies that holiday premium pay cannot be credited toward an employer’s obligation to pay weekly overtime. For example, if you work 40 hours in a week plus 8 hours on a holiday, your boss can't use that holiday premium to 'cover' the overtime cost. They are separate buckets. This ensures that if you're giving up your Thanksgiving to staff a warehouse or a retail store, you’re actually seeing an increase in total take-home pay rather than just a reshuffling of existing benefits.

Broad Reach and Real Teeth

This legislation doesn't just stick to the standard hourly workforce. It specifically amends Section 13(f) to ensure these protections apply to employees who might otherwise be exempt under certain collective bargaining agreements. Essentially, it levels the playing field so that a unionized construction worker and a non-union retail clerk both get the same federal protection on July 4th. To make sure companies take this seriously, the bill gives the Secretary of Labor and individual employees the right to sue for unpaid holiday compensation, including the potential for injunctions against employers who habitually withhold these funds.

Impact on the Local Economy

For the average worker, this means a significant boost in 'hazard pay' for the sacrifice of working while others are off. However, for small business owners—like a local cafe or a 24/7 convenience store—this represents a direct increase in operating costs. Since the bill establishes this as a federal 'floor' under Section 18(c), it doesn't replace state laws that might be even more generous; it just ensures that no matter where you live, working a federal holiday comes with a mandatory pay bump. While this could lead some businesses to trim holiday hours to save on labor, those that stay open will be legally required to share the holiday 'tax' directly with the people doing the work.