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The Fair Labor Standards Act (FLSA) does not require payment for vacations or holidays (federal or otherwise). Holidays and vacations are generally a matter of agreement between an employer and an employee (or the employee's representative).
On a government contract to which the labor standards of the McNamara-OHara Service Contract Act (SCA) apply, holiday and/or vacation fringe benefit requirements are stated in the SCA wage determinations in contracts that exceed $2,500.
On a government contract to which the labor standards of the Davis-Bacon and Related Acts (DBRA) apply, holiday pay and/or vacation pay is required for specific classifications of workers as stated in the Davis-Bacon wage determination in the covered contract. The Wage and Hour Division of the Employment Standards Administration administers and enforces the FLSA, the SCA, and the DBRA.
COMPLIANCE ASSISTANCE MATERIALS
- Employment Law Guide - Prevailing Wages in Service Contracts - Provides an overview of the McNamara-O'Hara Service Contract Act (SCA).
- Employment Law Guide - Prevailing Wages in Construction Contracts - Provides information on the prevailing wages in construction contracts under the Davis-Bacon Act and Related Acts.
- Employment Law Guide - Minimum Wage and Overtime Pay - Provides an overview of the requirements of the FLSA.
- Davis-Bacon and Related Acts Home Page - Provides information on prevailing wages and benefits set by DOL.
- Frequently Asked Questions - Provides questions and answers pertaining to the issuance of Wage Determinations under the McNamara-O'Hara Service Contract Act (SCA) of 1965, as amended.
- Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA, including what the Act does and does not require.
- Questions and Answers About the FLSA
- Hours Worked Under the Fair Labor Standards Act (FLSA) - Provides general information about what activities do and do not constitute compensable time under the FLSA.
- What are the Davis-Bacon and Related Acts?
- elaws FLSA Advisor - Provides information that addresses key wage and hour topics, including what the FLSA does and does not require, such as holiday and vacation pay.
APPLICABLE LAWS AND REGULATIONS
- The Fair Labor Standards Act (FLSA) - Establishes minimum wages, overtime pay, recordkeeping and child labor standards for private sector and government workers.
- McNamara OHara Service Contract Act (SCA) - Requires payment of prevailing wage rates and fringe benefits to service employees employed on contracts to provide services to the federal government.
- Davis-Bacon and Related Acts (DBRA) - Requires payment of prevailing wages to laborers and mechanics employed on federal and federally-assisted construction projects.
- Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Local Offices - For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
Tel: 1-866-4-USA-DOL (1-866-487-2365)
TTY
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.