In the United States, most private-sector employees are not automatically entitled to extra pay just because they work on a holiday. Holiday premiums usually depend on an employer policy or agreement. A separate federal overtime rule may require extra pay if a covered, nonexempt employee works more than 40 hours in the employer’s workweek.
What federal law requires for holiday work
The Fair Labor Standards Act (FLSA) does not require private employers to pay a premium for hours worked on a holiday. It also generally does not require paid time off for holidays when no work is performed. The U.S. Department of Labor (DOL) explains this in its Holidays guidance: “The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise).”
That federal baseline does not settle every worker’s entitlement. An employer may promise holiday pay in a handbook or other policy, an employment agreement, or a collective bargaining agreement. State or local law may also affect the result.
How holiday hours can affect overtime
For covered, nonexempt employees, federal overtime generally applies to hours actually worked beyond 40 in the employer’s fixed, recurring seven-day workweek. The week does not have to match the calendar week. Under the FLSA, qualifying overtime hours must be paid at least one-and-one-half times the employee’s regular rate. The DOL summarizes the rule in its Overtime Pay guidance.
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Hours worked on a holiday count as hours worked like hours on any other day. Paid holiday leave when an employee does not work generally does not count as hours worked toward the federal overtime threshold. The DOL’s FLSA Hours Worked Advisor states: “There is no Federal law that would require employers to treat the hours worked on a holiday as double time.” It also says: “The time worked on a holiday is hours worked just as any other day of the week.”
For example, if a covered, nonexempt employee works a holiday shift and their total hours worked in that workweek exceed 40, the hours above 40 generally qualify for federal overtime. Working the holiday does not, by itself, make the shift double time.
When a holiday premium may be required
Employer policies and agreements
Check the exact terms in your employee handbook or written pay policy, employment agreement, and any collective bargaining agreement. If an employer has promised a holiday premium or paid holiday leave, the applicable terms—and potentially state procedures for pursuing promised wages or benefits—may matter. The DOL’s FLSA compliance guide notes that some states provide procedures for claims involving usual or promised wages, which can include fringe benefits.
Certain federal contracts
Some covered federal contracts have holiday-benefit requirements. For covered Service Contract Act contracts, applicable wage determinations set holiday and/or vacation fringe-benefit requirements. Under Davis-Bacon and Related Acts contracts, holiday benefits apply to specified classifications when the contract’s wage determination says so. Coverage, worker classification, and the applicable contract terms matter; being a government employee or working for a government contractor does not automatically establish a particular holiday premium.
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State and local requirements
The federal rule is not a state-by-state answer. The laws that apply depend on where you work, and the facts of your job may affect coverage. Check the labor agency for your state or locality for applicable requirements rather than assuming the federal baseline is the whole answer.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to check what you should be paid
- Identify the location. Note the country, state, and locality where you performed the work; this answer covers the general U.S. federal baseline.
- Separate the two pay questions. Determine whether you are asking about a premium for holiday hours worked, paid holiday leave for time not worked, or both.
- Check your overtime week and hours. Find your employer’s fixed seven-day workweek, add the hours you actually worked, and confirm whether you are covered and nonexempt.
- Review written terms. Look for holiday-pay language in the handbook, employer policy, employment agreement, or collective bargaining agreement.
- Check contract coverage if relevant. If you work on a federal service or construction contract, review the applicable wage determination and your classification.
- Contact the relevant agency if unresolved. For federal wage-hour questions, consult the DOL Wage and Hour Division. For state or local requirements or promised-wage issues, contact the relevant state or local labor agency.
Without your location, classification, weekly hours, contract status, and employment terms, it is not possible to determine an individual entitlement from the federal rule alone.
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