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What the Right To Disconnect Means for Employers & Employees

Everything to Know About the Right to Disconnect

Conversations about work-life balance are nothing new. Even ancient Greek philosophers mused about finding an equilibrium between work and leisure. However, these conversations are getting louder than ever in the digital era. The world's ever-connected nature has transformed the workplace as we know it. Employees are more connected to their jobs than at any point in history. Whether working fully remotely, in the office or operating on a hybrid schedule, workers can easily connect to work systems or contact managers from anywhere. 

That's a blessing and a curse. While connectivity provides more freedom in how workers stay productive, it's also led to what some call a culture of “24/7 working.” Because it's so easy to connect, many in the workforce accept calls from management, sign into work systems and do business during their off hours, tilting the delicate work-life balance.

The problem has become so widespread that lawmakers propose major changes that will shake up countless industries. The Right to Disconnect aims to provide legal protections for workers, setting hard boundaries on when and how employers can contact employees during their off hours. While there are obvious perks to enshrining the right to disconnect into law, it's worth exploring its potential impacts on employers and employees.

An Introduction

No official Right to Disconnect laws exist in the United States. However, legislators in several states are exploring the possibility of introducing them. There's a growing movement throughout the United States and beyond for more separation between work and off hours. Several other countries have already beaten the U.S. to the punch.

Governments in Italy, Ireland, France, Germany, Belgium and more have made the most strides. The Australian government recently passed a Right to Disconnect law in 2024 that will affect millions. The push for this legislation abroad has likely encouraged lawmakers stateside to take action. If watching other developing nations didn't encourage them, worrying statistics about workplace stress and burnout did.

According to the Occupational Health and Safety Administration, over 80 percent of workers in the United States experience work-related stress. Furthermore, more than 50 percent say that stress impacts their home life. For those who have no choice but to be on-call or accept contact from work during off hours, the stress never truly stops. Experts worry about the negative impact the culture of 24/7 working can have on our population, and countless studies show that increased stress significantly impacts productivity. Advocates for Right to Disconnect laws believe that the right legislation can make a difference, benefiting both employers and employees. 

We may see if that's true in the near future.

What Is the Right to Disconnect (AB 2751 Bill)?

While the United States lacks any federal or state Right to Disconnect laws, legislators in California recently introduced a bill that could make the state a pioneer in American employee rights. 

California Legislative Assembly member Matt Haney introduced Assembly Bill (AB) 2751. It's the country's first Right to Disconnect legislation, seeking to set a clear boundary between work life and personal time.

If passed, AB 2751 would require employers in California to establish a written policy guaranteeing an employee's right to disconnect from workplace communications during non-working hours. That means workers would have the right to ignore calls, texts or emails. The bill would also allow employees to not monitor work systems or client messages. Once the work day ends, employees can officially disconnect.

If the measure ever becomes law, companies will have strict regulations to follow. The bill would protect workers from retaliation and repercussions, ensuring employers can't provide negative work reviews or ramifications due to after-hours unavailability.

According to Haney, the bill is an attempt to alleviate technology's relentless grip on workers' daily lives. Haney said, "This is the consequence of technology that has left us 24/7 available...It shouldn't leave us 24/7 working.

The bill does include exceptions to the larger rule, including emergencies and last-minute schedule changes. The bill currently defines emergencies as unforeseen circumstances threatening employees, customers or the general republic. Events that could disrupt or shut down operations, cause physical harm to others or create environmental concerns also constitute an emergency. However, the exceptions are vague.

AB 2751 is still in its infancy. Its status is currently "Held Under Submission." Therefore, it has a long way to go before it starts affecting employers and employees. The bill's language will likely change before it reaches that stage as legislators iron out the details and consider all possible ramifications. But is it likely to pass?

California already has strong employee protection laws. Many consider California one of the best states for employee rights, and lawmakers often introduce bills that help set trends throughout the United States. There's a good chance that a more refined Right to Disconnect law will pass at some point. Given California's dedication to employee rights, the broader conversation about work-life balances and the actions of other countries, it's only a matter of time before Right to Disconnect becomes law.

How Does This Impact Employers?

Let's look at how the Right to Disconnect can impact employers. AB 2751 has been a concern for business leaders since its introduction, and it's not hard to see why. If passed, this bill could transform how many companies operate.

Many industries rely on round-the-clock employee availability. Businesses in the growing client-service sectors have become accustomed to making employees available during off-hours, weekends, holidays and more. Right to Disconnect laws would change all that, forcing businesses to re-evaluate their operations. It could upend entire industries, costing corporations big bucks and significant resources to make the necessary changes to comply with Right to Disconnect laws. Businesses would likely need to negotiate agreements with employees concerning responsibilities and contact after work.

Another concern is the possibility of abuse. The bill's language is ambiguous, and there is plenty of room for misinterpretation. What constitutes an emergency is vague, and the language is ripe for abuse in its current state. Furthermore, the bill outlines requirements for reporting a pattern of violation to California's Labor Commission, but the proposed penalties and processes are unclear. Some leaders worry that disgruntled workers could abuse ambiguous language or misinterpretations, which may leave companies with no legal avenues of communication during true workplace emergencies.

While the focus has largely been on AB 2751's potential drawbacks for employers, it's important to consider its positive impacts. Proponents of the bill argue that setting boundaries for after-hours communications can significantly improve productivity during normal operating times. Workplace stress and mental health struggles are becoming increasingly common in many industries, and advocates for the bill say that its passing could be the solution workers have been waiting for.

Employers benefit from fewer wasted resources and more productive employees. While organizations might need to change how they do things, the increase in productivity could ultimately lead to better results that boost the bottom line.

How Does This Impact Employees?

The impact of AB 2751 on employees is huge. Currently, many workers have no choice but to bring their work home. While many would love to ignore calls and emails, they don't for fear of retaliation or punishment by their bosses. That would no longer be an issue if AB 2751 passed. Workers could finally disconnect, spending their off-hours unwinding.

With workplace stress and anxiety so widespread, the ramifications of passing a Right to Disconnect bill could be game-changing. Workers could spend their off-time living their lives instead of worrying about work, which could lead to better mental health, more workplace satisfaction and boosted productivity.

Key Takeaways

AB 2751 and other Right to Disconnect proposals can considerably benefit workers. We can't understate the potential impact on mental health and work satisfaction. However, it's also important to consider how a law like this could affect businesses, for better or worse.

It's not that employers don't want to give employees a better work-life balance. Most do. The issue that many business leaders have is that AB 2751 needs substantial refinement before it becomes law. The bill's ambiguity and lack of consideration for the subtle nuances of different industries are a big problem. Without major language changes and more comprehensive discussions, AB 2751 may bring more issues for businesses than benefits.

Fortunately, AB 2751 is still young. It's currently Held Under Submission, which indicates that the larger legislative assembly wants to work on the bill further before it progresses out of committee. That's good news! AB 2751 has room to grow as lawmakers find solutions to ensure it benefits employers and employees.

Get Better Insight Into Workplace Analytics with Worklytics

You don't have to rely on Right to Disconnect laws to start helping your employees experience a better work-life balance. Worklytics is a people-centric analytics solution that allows you to generate actionable insights from over 200 different metrics. The platform provides access to powerful insights businesses like yours can use to make positive changes in the workplace, all while protecting your employees' privacy. Find what works and what doesn't before identifying opportunities to build the happiest and most productive workforce possible.

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