Taking a page from countries across the Atlantic, the California legislature is considering a bill that would give employees the "right to disconnect."
Assembly Bill 2751 would provide employees with the right to ignore employer communications during "nonworking hours," the hours before and after an employee's assigned hours of work, whether stated in the job description or stated otherwise.
During that off time, an employer would only be allowed to contact an employee if there is an emergency (defined as "an unforeseen situation that threatens an employee, customer or the public; disrupts or shuts down operations; or causes physical or environmental damage") or a scheduling issue involving changes to the schedule within 24 hours.
As currently drafted, the measure does not provide employees with a private right of action. Instead, employees would file a complaint with the state Labor Commissioner over a "pattern" of violations, when three or more documented instances of employer communication during nonworking hours occur.
The agreement came on the heels of the U.S. Supreme Court's denial of certiorari in two cases involving PAGA.
Violations would result in a fine of $100.
The proposed law would not apply to employees who are covered by a valid collective bargaining agreement.
"Workers shouldn't be punished for not being available 24/7 if they're not being paid for 24 hours of work," Assembly Member Matt Haney (D-San Francisco), who introduced the bill, said.
AB 2751 is currently before the Committee on Labor and Employment.
To read AB 2751, click here.
Why it Matters
If enacted, the legislation would be the first of its kind in the United States, although several European countries have established a right to disconnect for workers, including Belgium, France, Germany and Italy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.