S. 3867 — Holiday Pay Act

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.