In recent years, at least 13 countries around the world have passed “right to disconnect” laws, which prohibit employers from forcing employees to be ready to respond to emails and phone calls outside of working hours. If new legislation passes state legislatures, California could be next.
Assembly Bill 2751 would require all California employers to clearly distinguish between work and non-work hours for any given job and develop a “company-wide action plan” to ensure employees are only required to respond to messages during work hours or as required. Plans are agreed upon in advance.
The proposed law was announced by Matt Haney, a Democratic member of the California Assembly, the lower house of the state’s bicameral legislature. Haney, who represents San Francisco, noted that the United States ranks 53rd in the world for work-life balance, cited a study An EU survey found “higher job satisfaction and fewer health problems” in countries with right-to-disconnect laws.
“Work has changed dramatically compared to 10 years ago. Smartphones have blurred the lines between work and home life,” Haney said in an emailed statement to Gizmodo.
“If workers are not being paid for 24 hours of work, then they should not be penalized for not being able to work 24/7,” Haney continued. “People have to be able to spend time with their families without being constantly interrupted at the dinner table or at their children’s birthday parties, worrying about their phones or coping with work.”
Under the proposed legislation, California’s labor commissioner would have the power to fine any employer who repeatedly breaks the law. But Haney is also quick to point out that there is enough flexibility in the law to ensure businesses are satisfied.
Press release from Haney:
AB 2751 creates exceptions for after-hours contact or discussing schedules during emergencies. It also creates exceptions for organized labor, allowing collective bargaining agreements to supersede the right to secede from the law. Industries with traditional late arrivals or erratic hours, or industries that require workers to be on call, can still contact workers as long as no-contact hours are clearly stated in the worker’s contract, or on-call time is compensated.
The legislation has been referred to the parliamentary Labor Committee and will not be heard for at least several weeks. It’s too early to judge the fate of the California Legislature. But Haney seems optimistic that California can provide such worker protections, as many international employers have already done the same in many other countries.
“Many of California’s larger employers already comply with other countries’ right-to-disconnect laws and are choosing to quickly grow their companies in those locations. They have provided clarity on ‘working hours’ and ‘non-working hours’ for employees in France, Portugal and Ireland demarcation, but they just didn’t do it for Californians,” Haney said.
“We have crafted an approach that both addresses the near-term job changes brought about by new technologies while supporting California businesses. As a result of this law, California businesses will be more competitive for in-demand workers.”