Could Americans move to a 32-hour workweek? What to know about the proposed bill

A proposal in Congress would shorten the standard workweek for millions of Americans without reducing their pay or benefits if it passes.

Rep. Mark Takano, D-California, and Sen. Bernie Sanders, I-Vermont, reintroduced the Thirty-Two Hour Workweek Act on Sept. 8.

The legislation would amend the Fair Labor Standards Act and gradually lower threshold to earn overtime pay to 32 hours a week from 40.

The Fair Labor Standards Act is the federal law that sets basic rules for workers’ pay. It requires eligible workers to receive overtime pay after working more than 40 hours a week.

Here is what to know about the proposal

What would the Thirty-Two Hour Workweek Act do?

The legislation would gradually reduce the standard workweek for employees covered by federal overtime requirements.

Under the proposal, the overtime threshold would decrease over several years:

—More than 38 hours during the first year

—More than 36 hours during the second year

—More than 34 hours during the third year

—More than 32 hours after the third year

The first reduction would take effect at least 180 days after the legislation became law, according to the official bill text⁠.

Employees would generally have to receive at least 1 1/2 times their regular pay rate for hours worked beyond the applicable weekly threshold.

Would employees continue receiving the same pay?

The bill says employers can not reduce an affected employee’s total weekly compensation, regular pay rate or benefits because of the shorter standard workweek.

That provision is intended to allow employees to work fewer hours without losing income. Employees who continued working beyond the new threshold would qualify for overtime compensation.

Would everyone get a four-day workweek?

No. The proposal would not require employers to schedule workers for four eight-hour days or guarantee every employee a three-day weekend.

Instead, it would change the point at which covered workers qualify for overtime. Employers could determine how to organize schedules while complying with the new requirements.

The changes would primarily apply to nonexempt employees covered by the Fair Labor Standards Act.

Why are lawmakers proposing a shorter workweek?

Takano and Sanders argue that federal labor standards have not kept pace with increases in worker productivity and developments such as artificial intelligence, automation and other technology.

“The 40-hour workweek was established in law nearly 90 years ago,” Takano said in a statement announcing the legislation⁠. “Work has fundamentally changed. It’s time that labor standards caught up.”

Sanders said the financial gains from artificial intelligence and robotics should benefit working families, not be concentrated among corporations and their executives.

Is the 32-hour workweek already law?

No. The proposal was introduced in the House as H.R. 10323⁠ and referred to the House Committee on Education and the Workforce.

Introducing a bill does not change federal labor law. The measure would have to advance through Congress, pass the House and Senate and be signed by the president before taking effect.