Published by According to the California Division of Labor Standards Enforcement (DLSE), neither state nor federal law requires private employers to provide holiday pay or paid holidays to their employees. The Fair Labor Standards Act (FLSA) similarly does not mandate payment for time not worked, including holidays. However, many California employers voluntarily offer holiday pay as a competitive benefit, and when such policies are established through written agreements, collective bargaining contracts, or documented company practices, they become legally enforceable obligations under California labor law.
As experienced employment law attorneys, we regularly advise both employers and employees on the complex intersection of holiday pay policies, wage and hour compliance, and contractual obligations. California's employment framework—governed by the California Labor Code and enforced by the Labor Commissioner's Office—provides some of the most comprehensive worker protections in the nation, yet holiday compensation remains largely discretionary.
Understanding these distinctions is critical: as of January 2026, California's statewide minimum wage stands at $16.90 per hour, with numerous municipalities enforcing higher local rates and specific industries (fast food at $20/hour, healthcare at $18-$25/hour) operating under enhanced minimum wage standards. When holiday pay disputes arise, they typically involve alleged violations of established employer policies or collective bargaining agreements rather than statutory holiday pay requirements.
Why Don't Employers Have to Pay Holiday Pay?
The Fair Labor Standards Act (FLSA)
does not require payment for time not worked in California, such as vacations or holidays. These benefits are usually a matter of agreement between an employer and an employee.
Are There Exceptions?
There are certain exceptions where employers must pay their employees holiday pay, such as:
- If your employer has a holiday pay policy or practice
- If holiday pay is promised in your offer letter or employment agreement
- If your union's collective bargaining agreement requires holiday pay
In these cases, an employer may be contractually bound to give you holiday pay or paid holidays. If you are being denied holiday pay in one of these cases, you may want to consider filing a labor board complaint.
Can I Be Forced to Work on a Federal Holiday?
The law views holidays as just another business day, so whether or not you have to work is entirely up to your employer, if you work for a private company. Holidays like Thanksgiving, Memorial Day, New Year, Labor Day, Independence Day, Juneteenth, MLK Day, and Christmas are considered federal holidays because they apply to employees of the federal government. While many private employers offer federal holidays off as an employee benefit, there is no law requiring them to do so.
Religious Holiday Accommodations Under California Law
California law provides significant protections for employees who observe religious holidays that their employers do not recognize. Under the California Workplace Religious Freedom Act and the Fair Employment and Housing Act (FEHA), employers must provide reasonable accommodations for employees' sincerely held religious beliefs and practices, including time off for religious observances. This obligation applies regardless of whether the religious holiday coincides with a federally recognized holiday.
Reasonable accommodations may include schedule adjustments, shift swaps with other employees, flexible scheduling, or allowing employees to use accrued paid time off for religious observances. Employers are only excused from providing such accommodations if doing so would impose an undue hardship on business operations. For industries that regularly operate on holidays—such as restaurants, retail establishments, and hospitality services—employers must clearly communicate scheduling expectations in advance while maintaining processes for evaluating accommodation requests on a case-by-case basis.
Employees who require time off for religious holidays should submit requests promptly and be prepared to engage in an interactive dialogue with their employer to identify workable solutions. California's anti-retaliation protections ensure that employees cannot face adverse employment actions for requesting religious accommodations.
What are Some Common Paid Holidays?
Many employers in California give employees either the day off with pay (“paid holiday”), or give extra pay for hours worked similar to overtime pay (“holiday pay”). The most common paid holidays in California are:
- New Year’s Day
- Memorial Day
- Easter
- Independence Day (4th of July)
- Labor Day
- Thanksgiving Day
- Christmas Day
Is My Employer Required to Offer Some Paid Holidays?
The FLSA stipulates that employers are only required to pay for time worked. Even if they give you time off for religious or federal holidays, they aren’t legally required to provide payment for those days. That said, many businesses do have company policies that allow for certain paid vacation days as an employee benefit.
Related Article: Is California a Right-to-Work State?
FAQs
Are employers in California required to pay employees extra for working on holidays?
No, California law does not require employers to pay extra (such as time and a half) for working on holidays unless it is stipulated in the employee’s contract, a union agreement, or the company’s established policies.
Can employers require employees to work on holidays in California?
Yes, employers in California can require employees to work on holidays, unless there is an agreement or policy in place that states otherwise. Refusing to work on a holiday could result in disciplinary action if it is required by the employer.
Do employees in California have the right to take holidays off?
Employees in California do not have a legal right to take holidays off unless it is provided by their employment contract, collective bargaining agreement, or company policy. Employers can choose to grant holidays off at their discretion.
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