Overview Compliance Assistance Materials Basic Information Fact Sheets E-Tools Applicable Laws and Regulations DOL Contacts Return to Work Hours and Other Pay Issues

Frequently Asked Questions How are vacation pay, sick pay, and holiday pay computed and when are they due? more ...

OVERVIEW

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

BASIC INFORMATION

• 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

FACT SHEETS

• 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?

E-TOOLS

• 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.

DOL CONTACTS*

• Employment Standards Administration (ESA)
  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. 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
  TTY: 1-877-889-5627

*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.