The Law: 32- or 48-hour workweeks?

Greece recently passed a law that went into effect July 1 allowing some companies to enforce a six-day work week, or 48 hours per week.

Workers can choose between working an extra two hours a day or another full eight-hour day. The extra day apparently will address urgent operational demands, given the current supply of workers in that country.

The Greek law apparently requires employers to pay an additional 40 percent on all hours over 40 per week, which rises to 150 percent if that date falls on a Sunday or a public holiday.

Greece does not have a statute similar to the 1938 Fair labor Standards Act in the United States which requires payment of overtime after 40 hours per work week for non-exempt employees.

The act was a significant milestone as it codified the 40-hour workweek. Before its passage, labor unions pushed for shorter workdays, claiming “8 hours for work, 8 hours for rest, and 8 hours for what we will.”

In 1914, the Ford Motor Co. implemented an eight-hour workday, setting a precedent for other companies by highlighting the increased productivity and reduced turnover.

Or 32 hours?

U.S. Sen. Bernie Sanders of Vermont in March this year pushed to reduce the standard workweek in the United States to 32 hours from 40 hours, claiming the world has undergone enormous changes since the act’s passage in 1938.

Sanders claims American workers are 400 percent more productive now, and technology is likely to increase it even further. He believes a 32-hour workweek ensures workers share in increased technology and economic growth driven by technological advancements. He noted France, Norway and Denmark all have workweeks under 40 hours.

His bill proposes to amend the 1938 act and require overtime after 32 hours a week, and overtime after eight hours a day (something the current law does not require).

Finally, his proposal would protect worker’s pay and benefits by ensuring that a reduction in the workweek does not cause a loss of pay. His bill was endorsed by the AFL-CIO and other unions.

Opponents claim that lowering the workweek will result in the U.S. losing its status as the world’s wealthiest nation and lead to the offshoring of jobs.

Shorter workweek

Absent a union contract, there is nothing forbidding an employer in Iowa or elsewhere in the United States from implementing a different work model than the standard eight-hour days.

An employer could implement four 10-hour days and provide three days of rest. If the employer went to a 32-hour work week, those employees would not legally be entitled to overtime until after 40 hours, although the employer could voluntarily agree to pay overtime after 32 hours or even after eight hours in a day.

If the employer went to a six-day workweek, it would be legally required to pay overtime after 40 hours and likely would need to assign supervisors to work the extra day as well.

Pros, cons

However, working six days a week could put (exempt and non-exempt) employees’ mental health at risk, leading to reduced employee morale, burnout and increased turnover, which could impact the quality of work being performed.

On the other hand, following the COVID pandemic in 2020, more work is being performed remotely. Along with the increase in automation and the dawn of artificial intelligence, the American work environment is rapidly changing.

Would an additional eight hours really be that onerous in non-physically demanding jobs? Which model presents the better balance between the employee’s need for reasonable working hours and the operational demands for a business?

These debates over work hours, work-life balance and labor rights will continue to evolve in response to changing economic and social conditions.

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com