As artificial intelligence and automation reshape industries, they’re also changing the tasks people do every day, from writing and customer service to manufacturing and data analysis. That shift is also fueling new questions about how much time people should spend at work.
A new proposal in Congress would gradually move the U.S. toward a four-day workweek by changing when eligible workers qualify for overtime.
How a four-day workweek would work
The Thirty-Two Hour Workweek Act was reintroduced in Congress on September 8 by Rep. Mark Takano of California and Sen. Bernie Sanders of Vermont. The House version, H.R. 10323, has been referred to the House Committee on Education and Workforce, so it is still at an early stage and is not law.
The proposal would amend the federal Fair Labor Standards Act and gradually lower the weekly overtime threshold for covered, nonexempt employees:
- Year 1: overtime after 38 hours
- Year 2: overtime after 36 hours
- Year 3: overtime after 34 hours
- Year 4: overtime after 32 hours
Hours above the applicable threshold would generally have to be paid at 1.5 times the regular rate. The proposal would also prohibit covered employers from cutting workers’ regular pay or benefits to offset the change.
Importantly, the bill would not automatically create a four-day workweek. An employer could still schedule someone for more than 32 hours, but those additional hours could trigger overtime.
The proposal primarily affects nonexempt workers, meaning some salaried employees and other workers who are currently exempt from federal overtime rules would not necessarily be covered. Under current federal law, overtime generally begins after 40 hours for covered nonexempt employees.
For the bill to become law, it would need to pass both the House and Senate and then be signed by the president. Its current status is only “introduced” and referred to committee.
What would it mean for California workers?
California already has stronger overtime protections than federal law in several respects. Under state rules, eligible nonexempt employees generally receive overtime after more than eight hours in a workday or 40 hours in a workweek.
That means the federal proposal would not simply replace California’s existing rules with a four-day schedule. Instead, if enacted, the federal 32-hour threshold could add another layer of overtime protection for covered California workers, while the state’s existing daily overtime rules would remain relevant.
