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H.R. 4728 (117th): Thirty-Two Hour Workweek Act

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The text of the bill below is as of Jul 27, 2021 (Introduced). The bill was not enacted into law.

Summary of this bill

Dolly Parton might have to change the title of her iconic song to “9 to 3.”

Context

The standard workweek is often considered to be 40 hours. That’s why, under federal law, heightened overtime pay of at least 1.5 times an employee’s usual hourly wage must be paid to most employees for their 41st hour and beyond that they work during a week. (“Most” because some categories of workers are exempt from the provisions.)

That length workweek has already been shortened in federal law once before. It was originally set at 44 hours in 1938 with the Fair Labor Standards Act (FLSA), but then it was decreased to the …

I

117th CONGRESS

1st Session

H. R. 4728

IN THE HOUSE OF REPRESENTATIVES

July 27, 2021

(for himself, Ms. Schakowsky, Ms. Tlaib, and Mr. García of Illinois) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend the Fair Labor Standards Act of 1938 to reduce the standard workweek from 40 hours per week to 32 hours per week, and for other purposes.

1.

Short title

This Act may be cited as the Thirty-Two Hour Workweek Act.

2.

Fair Labor Standards Act

The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—

(1)

in section 7(a) (29 U.S.C. 207(a))—

(A)

in paragraph (1)—

(i)

by striking commerce, for a workweek longer than forty hours and all that follows through the period and inserting commerce—; and

(ii)

by adding at the end the following:

(A)

for a workweek longer than thirty-two hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed; and

(B)

for a workday longer than—

(i)

eight hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed; and

(ii)

twelve hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than double times the regular rate at which he is employed.

; and

(B)

in paragraph (2)—

(i)

in the matter that precedes subparagraph (A), by striking Fair Labor Standards Amendments of 1966 and inserting Thirty-Two Hour Workweek Act; and

(ii)

by striking subparagraphs (A) through (C) and inserting the following:

(A)

for a workweek longer than thirty-eight hours during the 1-year period beginning not less than 180 days after the date of the enactment of the Thirty-Two Hour Workweek Act,

(B)

for a workweek longer than thirty-six hours during the second year after the first day of such period,

(C)

for a workweek longer than thirty-four hours during the third year after the first day of such period, or

(D)

for a workweek longer than thirty-two hours after the expiration of the third year after the first day of such period,

; and

(2)

in section 18(a) (29 U.S.C. 218(a)) by inserting or workday after workweek in each place it occurs.