S. 5384 – Thirty-Two Hour Workweek Act

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Updated September 19, 2026 at 1:41 AM UTC

The Thirty‑Two Hour Workweek Act would change the Fair Labor Standards Act so that the standard workweek is reduced from 40 hours to 32 hours. It phases in the shorter week over three years and adjusts overtime rules, affecting most private‑sector employees who are covered by the FLSA.

Key Provisions

Sets a phased schedule: employers may require up to 38‑hour weeks in the first year, 36‑hour weeks in the second year, 34‑hour weeks in the third year, and 32‑hour weeks thereafter.
Establishes overtime pay for any workweek longer than 32 hours at 1.5 times the regular rate.
Creates overtime pay for workdays longer than 8 hours (up to 12 hours) at 1.5 times the regular rate, and for workdays over 12 hours at double the regular rate.
Prohibits employers from lowering an employee’s regular pay rate or benefits simply because the employee is now covered by the new 32‑hour standard.
Updates the statute’s language to reflect the new 32‑hour workweek and adds “workday” references where needed.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 14, 2026

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SenateIntro Referral

Introduced in Senate

September 14, 2026

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 14, 2026

Bill Text

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Introduced in SenateIssued September 14, 2026

II

119th CONGRESS

2d Session

S. 5384

IN THE SENATE OF THE UNITED STATES

September 14, 2026

Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

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 (29 U.S.C. 207)—

(A)

in subsection (a)—

(i)

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 such hours at a rate not less than one and one-half times the regular rate at which he is employed; or

(B)

for a workday—

(i)

longer than eight hours, but not longer than 12 hours, unless such employee receives compensation for his employment in excess of eight hours at a rate not less than one and one-half times the regular rate at which he is employed; or

(ii)

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

;

(ii)

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

(iii)

by adding at the end the following:

(3)

With respect to any employee described in paragraph (2) who in any workweek is brought within the purview of this subsection by the amendments made to this Act by the Thirty-Two Hour Workweek Act, the employer of such employee may not reduce the total workweek compensation rate, including the regular rate at which the employee is employed, or any other employee benefit due to the employee being brought within the purview of this subsection by such amendments.

; and

(B)

in subsection (l)—

(i)

by striking No and inserting Except as provided in subsection (a)(2), no; and

(ii)

by striking forty and inserting thirty-two; and

(2)

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