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Fringe Benefit Requirements – Holiday Benefits
- An employee's entitlement to holiday pay vests by working in the workweek in which the named holiday occurs, or by being on paid sick leave or vacation leave in that workweek. 29 C.F.R. §§ 4.174(a)(1) - (2).
- Unless there is a provision in the wage determination to the contrary, an employee must receive the holiday fringe benefits even though he/she worked only part of the week in which the holiday occurred.
- An employee need not be paid for a holiday that occurs earlier in the workweek prior to his/her hiring, provided the holiday does not occur during the first week of the contract. 29 C.F.R. § 4.174(b).
- A contractor need not provide holiday pay to any employee who does not perform any work in the workweek in which the holiday occurred (excepting those on paid sick or vacation leave) provided that the employer did not lay off the employee during that workweek to avoid having to pay for the holiday. 29 C.F.R. § 4.174(a)(2).
- If the SCA wage determination applicable under a contract does not include a paid holiday provision for any day declared by the President of the United States to be a holiday, the contractor is not required to pay covered service employees for that day off, even if they do not work that day. For example if the building where they work is closed because of a presidential declaration affecting federal employees on a Friday, December 26, and the contract wage determination does not indicate that holiday pay is required for the day, holiday pay would not be required under SCA. Such pay would be a matter of discretion for the contractor, and contract payments for such time not worked would be a procurement matter within the purview of the contracting agency.
Consulting Services We Provide
- Review public works preconstruction contracts
- Monitor DIR contractor/subcontractor certified payrolls
- Audit labor classification for each worker employed
- Review DIR pre-DAS 140/142 submissions
- Review CAC training fund contributions form CAC-2
- Review DIR Fringe Benefits Statement PW-26
- Monitor DIR wage determinations
- Audit fringe benefits allowances
- Review DIR holiday payment requirements
- Audit DIR travel & subsistence requirements
- Caltrans Labor Compliance
- County of Sacramento Labor Compliance
- City of Los Angeles Labor Compliance
- Los Angeles Unified School District Labor Compliance
- Federal Davis-Bacon Project Monitoring
- Federal DBE Implementation & Review
- Federal FAA AIP Goal Setting
- DIR & Davis-Bacon Training
- DIR Civil Wage Penalty Review
- Local-Hire Review (e.g., San Francisco)
- Skilled and Trained Workforce
Give us a call to discuss your labor compliance requirements.
This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.