A new bill introduced in Congress aims to establish a 32-hour workweek for millions of nonexempt employees without reducing their pay. The Thirty-Two Hour Workweek Act, reintroduced by Rep. Mark Takano (D-Calif.) and Sen. Bernie Sanders (I-Vt.), seeks to decrease the federal standard workweek from 40 hours to 32, phasing in the change over four years.
If enacted, the bill would also mandate overtime pay for hours worked beyond the new 32-hour threshold. This proposal carries particular significance for California, which already has robust overtime protections. Currently, California law generally requires 1.5 times regular pay after eight hours in a workday or 40 hours in a workweek, and double time for hours exceeding 12 in a day. The federal bill would add another layer, entitling California workers to overtime after 32 hours weekly once fully implemented.
Under the proposed federal rules, the first eight hours of a workday would be compensated at the regular rate, with time-and-a-half for hours eight through 12. Any hours worked beyond 12 in a day would trigger double-time pay. The legislation explicitly prohibits employers from reducing workers' regular hourly rates, weekly compensation, or existing benefits to accommodate the shorter workweek.
The bill outlines a gradual implementation of the new 32-hour overtime threshold: 38 hours in the first year, 36 in the second, 34 in the third, and finally 32 hours in the fourth year and beyond.
Takano stated that the nation's labor laws have not kept pace with technological advancements. "The 40-hour workweek was established in law nearly 90 years ago," Takano said. "Since then, cell phones, the internet, and now AI have increased worker productivity, but the profits have been largely concentrated at the top by billionaires and corporations."
Sanders echoed this sentiment, arguing that advancements in artificial intelligence and robotics make the proposed workweek reduction even more critical. "One important way to do that is through a 32-hour workweek with no loss in pay or benefits," Sanders stated.
The legislation has garnered support from several major labor organizations, including the AFL-CIO, SEIU, United Auto Workers, United Food and Commercial Workers, and National Nurses United. However, for businesses, particularly in California, the bill could lead to increased labor costs for overtime-heavy schedules and necessitate a significant restructuring of shift management.
The Thirty-Two Hour Workweek Act was first introduced by Takano in 2021. The current version, H.R. 10323, is under consideration by the House Committee on Education and Workforce and must pass both chambers of Congress to become law.