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Drumbeat for the four-day workweek continues

April 2023 employment law letter
Authors: 
Mark Schickman, Schickman Law

Lawmakers in both Washington, D.C., and in Sacramento have introduced legislation to change the definition of a standard workweek from 40 hours to 32 hours. Similar proposals have stalled in the past on both the national and state level, but with the public’s new appetite for alternative work arrangements, legislators believe the time for this proposal may have come.

Proposed bills

Introduced last year by Cristina Garcia (D-Bell Gardens) and Evan Low (D-Campbell), the California chamber of commerce was quick to describe Assembly Bill (AB) 2932as “job killer” legislation. The bill would amend California’s labor code section 510, changing the definition of a workweek from 40 hours to 32 hours and imposing overtime premium pay after 32 hours. It expressly prohibits employers from reducing the regular pay rate so the cost of a 40-hour workweek would remain the same. It would also exempt all employers with fewer than 500 employees.

Similar legislation was introduced in several other states, including Washington, New York, Maryland, and Massachusetts—the latter adding a two-year tax credit program for businesses that make the transition. None has passed so far.

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