With the rise of remote work, our professional and personal lives have increasingly intermingled. Recognizing the new premium placed on work-life balance, France, Germany, Italy, and Belgium have enacted laws that grant workers the right to disconnect. Now, California has introduced its own version of this legislation. In this article, we delve into California’s Right to Disconnect Bill, AB 2751.
Basic Facts About AB 2751
AB 2751, formally known as “Employer communications during nonworking hours,” aims to establish clear boundaries for communication between employers and employees outside established working hours. The bill’s primary objective is to protect employees’ right to disengage from work-related communications during their personal time, fostering a healthier work-life balance.
Summary of the Bill
AB 2751 proposes the following being codified into California law:
- Right to Ignore Communications: Employees would have the right to ignore any communications from their employers outside of established working hours. This includes emails, phone calls, text messages, and other forms of communication.
- Exceptions: The only permissible exceptions would be communications for scheduling purposes, or emergencies, defined as “an unforeseen situation that threatens an employee, customer or the public, disrupts or shuts down operations, or causes physical or environmental damage.”Written Work Hours: Employers would need to establish and communicate written work hours to their employees, including salaried ones.
- Complaint Mechanism: Employees could file complaints with the Labor Commissioner if they experience a pattern of violations (three or more documented instances) by their employer regarding the right to disconnect.
- Civil Penalties: If the Labor Commissioner finds a pattern of violations on the part of the employer, a $100 civil penalty would be imposed. Depending on the final bill language, employees may also be permitted to bring claims under the Private Attorneys General Act (“PAGA”).
- Not Applicable to Union Members: The bill does not apply to employees who are covered by collective bargaining agreements.
Critics Say
The bill would complicate business operations for industries that rely on fluid working hours or quick response times. If an employee is not required or permitted to respond to clients after hours, they won’t, leaving clients hanging until the employee is scheduled to work the following day. In addition, although the bill is intended to protect employees, it would restrict their abilities to have the benefits of flexible scheduling, with the requirement being that all work must be done within a set time frame and no work can be done outside those pre-set times. Many salaried employees enjoy the luxury of not having a strict work schedule, and getting the work done when they choose. AB 2751 would put an end to flexible scheduling. The bill also raises several ambiguities. Although there is an exception for emergencies, for an employee to know an emergency exists, they have to read the email or pick up the phone. And because the bill does not define what the written work schedules must be, what happens if an employer writes the work schedule as 24-hours per day? Would they then be required to pay overtime and double time for a 24-hour period? It is also unclear whether an employer who sends a message after work hours would be in violation, or only if the employer penalizes workers for not responding.
Status of the Bill
California’s Labor and Employment Committee advanced the bill on April 17, 2024. The bill would still need to pass the full Assembly, Senate, and then be signed into law by the Governor. In its analysis of the bill, the Assembly Labor Committee recommended that the author consider excluding from the bill employees who are exempt professionals.
Conclusion
AB 2751 represents a significant step toward promoting work-life balance in the modern workforce, at least in theory. The bill will need to be clarified, particularly to the extent that it applies to exempt employees.