A new legislative proposal in Congress aims to reduce the federal standard workweek from 40 hours to 32 hours for nonexempt employees, without a reduction in pay. The Thirty-Two Hour Workweek Act was reintroduced by Rep. Mark Takano (D-Calif.) and Sen. Bernie Sanders (I-Vt.) last week. The bill would also mandate overtime pay for hours worked beyond the new threshold, with the changes phased in over four years.
For California workers, who already benefit from strong overtime protections, the proposal would mean qualifying for overtime after 32 hours instead of 40. This could significantly increase costs for employers who currently rely on traditional four-day, 10-hour work schedules. Under the proposed rules, the first eight hours of each workday would be compensated at the regular rate, while hours worked beyond eight would trigger time-and-a-half pay, and double-time pay would apply for hours beyond 12 in a day.
The bill explicitly prohibits employers from reducing workers’ regular hourly rates, weekly compensation, or existing benefits to accommodate the shorter workweek. For instance, a worker earning $1,000 for a 40-hour week could maintain that salary while working 32 hours.
The phased implementation would begin with a threshold of 38 hours in Year 1, decreasing to 36 hours in Year 2, 34 hours in Year 3, and finally 32 hours in Year 4 and beyond. Takano emphasized the need for labor laws to adapt to advancements in technology and productivity, stating, "The 40-hour workweek was established in law nearly 90 years ago." Sanders noted the urgency of the proposal in light of advancements in artificial intelligence and robotics.
The legislation has received support from major labor organizations, including the AFL-CIO, SEIU, United Auto Workers, United Food and Commercial Workers, and National Nurses United. However, for California businesses, the bill could lead to increased labor costs and necessitate a reevaluation of shift structures. The bill, first introduced by Takano in 2021, must pass both chambers of Congress and be signed into law before any changes take effect. H.R. 10323 is currently under review by the House Committee on Education and Workforce.