Proposed California Bill Provides Workers The ‘Right To Disconnect’ From Work – Employee Rights/ Labour Relations

A California state legislator recently introduced a bill
designed to ensure employees are permitted to ignore emails, text
messages and phone calls from their employers during non-work
hours. The proposed bill, AB 2751 authored by Assembly member Matt
Haney, would “require a public or private employer to
establish a workplace policy that provides employees the right to
disconnect from communications from the employer during nonworking
hours” unless certain exceptions are met.

Although the bill is still in the early stages of the
legislative process, the intent behind the proposed law is
straightforward: California employees would have the right to
completely disconnect from work outside their standard working
hours. The bill would require employers to establish non-working
hours by written agreement with employees.

If the employer demonstrates a “pattern of violation”
by requiring or expecting an employee to work during the
established nonworking hours, the bill says, then the employee
could file a complaint with the California Labor Commissioner.

The proposed bill does include narrowly tailored exceptions. An
employer presumably would be entitled to expect employees to work
during an “emergency,” defined as an “unforeseen
situation that threatens an employee, customer, the public, or
disrupts or shuts down operations, or causes physical or
environmental damage.” Notably, this definition does not
include the need to meet a tight deadline, address a customer
complaint, or otherwise assist with relatively routine daily tasks
during non-work hours.

The California Chamber of Commerce has already criticized AB
2751, arguing the bill would constitute a step back in workplace
flexibility. If the proposed bill becomes law, the implications
would be far-reaching. Many employees would likely welcome the
change, while others may discover it is impossible and in violation
to leave the office at 3 p.m., pick the kids up from school, and
then log back in to finish work after dinner.

Originally published April 11, 2024 .

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