What happened?

The proposed bill would mandate that employers establish policies that allow employees to disconnect from employment communications during non-working hours and would not allow them to contact the employees outside of working hours except in the event of an “emergency” or “scheduling.”

What are the details?

The proposed legislation would give workers the right not to respond to inquiries made outside of working hours. 

Key Bites:

• Under the bill, employers can only contact employees during non-working hours during an emergency or for scheduling, as defined in the bill.

• Employers that repeatedly violate this mandate would be subject to administrative complaints and fines

• The bill does not apply to employees covered by a valid collective bargaining agreement (CBA).

• The bill is inspired by laws adopted in several countries that prohibit contacting employees beyond work hours or requiring compensation for on-call time if the worker is expected to be available to respond.

• It would require employers to create a policy that provides employees with the right to disconnect from communications with the employer during non-working hours.

According to some law firms like the CDF labor law, “Despite its purported good intentions, A.B. 2751 is fraught with ambiguities and questionable practical application, leaving a chasm for misinterpretation and abuse.”

Business Considerations

• Although the bill still has a long way to go, employers should be proactive and take steps to tackle this beforehand.
• Take into consideration other applicable laws, such as wage and hour laws that normally require employers to pay hourly or overtime for “extra time” after hours.
• Employers should account for the nature of their business to create a tailored suit policy according to their needs.
• Prepare to delegate to third parties some of the workload. So, plan accordingly and budget for it.

Source References

• California Legislature Proposes Bill Giving Employees the Right to “Disconnect” from Work (Jackson Lewis P.C.)
• California Legislator Introduces ‘Right to Disconnect’ From Work Bill (Parker Poe Adams & Bernstein LLP)
• California Contemplates Right to Disconnect Law (CDF Labor Law LLP)
• California’s ‘Right to Disconnect’ Bill Raises Concerns (California Chamber of Commerce)
• Should Your Company Give Employees the Right to Disconnect? Pros and Cons of Do-Not-Disturb Policies (Fisher & Phillips LLP.)

Resources

• Assembly Bill (AB) 2751 

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