California Lawmaker Introduces Bill Granting Employees the Right to Disconnect
California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from the workplace within certain parameters.
Assembly Bill 2751, first introduced in February 2024 and recently amended, requires public and private employers to “establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours, except as specified.” Employees would have the right to ignore communications from their employer after designated work hours. In addition, employees would be armed with the right to file a complaint with the Labor Commissioner for an employer’s continued “pattern of violation[s]” of A.B. 2751. The “pattern of violation” (defined as three or more violations) by an employer would result in a fine “not less than one hundred dollars ($100).”
California Assembly Member Matt Haney, D-San Francisco, introduced the bill. Haney asserts that “workers shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work.” The bill has been referred to the California State Assembly’s Committee on Labor and Employment.
There is an exception available for an employer to contact an employee in an “emergency.” The bill vaguely defines an emergency as “an unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage.” However, no guidance has been provided as to what constitutes an “unforeseen situation” or “threat.”
Although this is the first-of-its kind for the United States, other countries have adopted similar policies including Argentina, Italy, Belgium and Slovakia. France has provided a right for its employees to disconnect since 2017. In addition, the EU has introduced proposals to establish detailed arrangements to enable employees to exercise their right to disconnect and provides sanctions for breach.
Global and national employers are experiencing dramatic changes in the workplace and the framework for appropriate work time. California A.B. 2751 is another example of a dynamic, ever-changing workplace. Unquestionably, this is the trend concerning the “right to disconnect” that will continue in many variations in many locations throughout the world and the United States.
Assembly Bill 2751, first introduced in February 2024 and recently amended, requires public and private employers to “establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours, except as specified.” Employees would have the right to ignore communications from their employer after designated work hours. In addition, employees would be armed with the right to file a complaint with the Labor Commissioner for an employer’s continued “pattern of violation[s]” of A.B. 2751. The “pattern of violation” (defined as three or more violations) by an employer would result in a fine “not less than one hundred dollars ($100).”
California Assembly Member Matt Haney, D-San Francisco, introduced the bill. Haney asserts that “workers shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work.” The bill has been referred to the California State Assembly’s Committee on Labor and Employment.
There is an exception available for an employer to contact an employee in an “emergency.” The bill vaguely defines an emergency as “an unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage.” However, no guidance has been provided as to what constitutes an “unforeseen situation” or “threat.”
Although this is the first-of-its kind for the United States, other countries have adopted similar policies including Argentina, Italy, Belgium and Slovakia. France has provided a right for its employees to disconnect since 2017. In addition, the EU has introduced proposals to establish detailed arrangements to enable employees to exercise their right to disconnect and provides sanctions for breach.
Global and national employers are experiencing dramatic changes in the workplace and the framework for appropriate work time. California A.B. 2751 is another example of a dynamic, ever-changing workplace. Unquestionably, this is the trend concerning the “right to disconnect” that will continue in many variations in many locations throughout the world and the United States.
