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California legislator proposes ‘right-to-disconnect’ law

April 08, 2024

A proposed law in California would provide workers in that state with a “right-to-disconnect” from work emails, texts and calls after work hours. If ultimately approved, California would be the first state to have such a law.

The legislation, AB 2751, was announced April 1 by California Assembly member Matt Haney, D-San Francisco.

Haney had also recently introduced another law that would add several regulations affecting the staffing industry, though that legislation has since been pulled from consideration.

AB 2751 would mandate that California employers create and publish companywide action plans to implement the right-to-disconnect. Employers would also be required to outline working and nonworking hours in employment contracts.

However, the legislation would make exceptions for emergencies or to discuss scheduling. It also makes exceptions for organized labor, allowing collective bargaining agreements to supersede the right to disconnect.

Additionally, industries with traditionally late or erratic hours, or those that require workers to be on call, would still be allowed to contact workers as long as noncontract hours are clearly stated in worker contracts or on-call time is compensated.

The California Chamber of Commerce added the bill to its “2024 Job Killer” list. However, Haney’s office said businesses would benefit by having more productive and healthier workers.

“Work has changed drastically compared to what it was just 10 years ago. Smartphones have blurred the boundaries between work and home life,” Haney said in a press release. “Workers shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work. People have to be able to spend time with their families without being constantly interrupted at the dinner table or their kids’ birthday party, worried about their phones and responding to work.”

France was the first to enact a right-to-disconnect law in 2017, according to Haney’s office. Since then, 13 countries have also enacted similar laws: Australia, Argentina, Belgium, Colombia, Greece, Mexico, Portugal, Italy and Spain.