The Case for the 'No-Collar' Exemption: Eliminating Employer-Imposed Office Hours for Overworked, Remote-Ready Workers

Abstract

The conventional 40-hour workweek has been a fixture of the American workplace for almost a century. Standard working hours of nine-to-five, Monday-to-Friday, are customary even for workers exempted from overtime under the federal Fair Labor Standards Act of 1938 (FLSA). But the traditional 40-hour workweek is no longer a fit for the modern family or the modern worker. It is time for its demise. In the decades since passage of the FLSA, the influx of women in the workforce and the growth of exempt knowledge work have rendered the traditional 40-hour workweek both needlessly restrictive, in the case of work-life conflict, and effectively meaningless, in the case of the information age worker who labors 24/7. The recent revolution in remote work, precipitated by the COVID-19 pandemic, auspiciously permits a new approach to working hours, especially for exempt, “remote-ready” workers—that is, white-collar workers engaged in cognitive labor, who have the proven capacity to work offsite. Where exempt, remote-ready workers are already widely expected to work outside of so-called office hours, they should not be beholden to keep regular office hours, too. We should release them from the false confines of nine-to-five, for more fluid integration of work and life. By amending the FLSA regulations to make scheduling freedom a condition of white-collar exemption, and restricting employers from setting hours of work for this cohort, we could productively disrupt the outdated workweek for all.