California bill introduces right to disconnect for workers during non-work hours

California could become the first state in the country to give workers a “right to disconnect” under a new bill.

Assembly Bill 2751, introduced by Asm. Matt Haney (D-San Francisco) on Monday, would guarantee workers in the Golden State the ability to have uninterrupted personal and family time by giving them the ability to disengage from emails, texts and calls during non-work hours.

“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 statement. “Workers shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work.”

With the proposed changes, both public and private employers would be required to establish a right-to-disconnect policy for their workplace, permitting them to ignore communications when they are off the clock.

Exceptions for emergencies or discussions of scheduling during off-hours are included in the bill. Unionized workers who have a bargaining agreement with their employer are also excluded from the bill’s provisions.

Industries with traditionally late, erratic hours or those that require workers to be on-call would also still be allowed to contact off-the-clock workers, as long as these periods of outside-the-workplace contact are stated in employee contracts or if any standby time is compensated.

“This bill has a lot of flexibility to make sure that it works for all California businesses and types of employment, including those sectors that may require on-call work or longer hours,” said Haney. “We’ve crafted it in a way that addresses the recent changes to work brought on by new technology, but to also be pro-California business. California businesses will be more competitive for desperately needed workers as a result of this law.”

Right-to-disconnect laws have been implemented in 13 countries across the globe, starting with France in 2017. Australia, Argentina, Belgium, Colombia, Greece, Ireland, Mexico, Italy and Spain are among the countries that have followed suit.

According to Haney’s office, studies have shown that workers have been “healthier, happier, and more productive” since these laws have been passed.

“California’s greatest asset is our highly skilled workforce,” Haney continued. “But we are in constant competition with other states like Texas and New York who are trying to woo California workers to their states. Giving our workers the right to disconnect will be a major benefit to our workforce and makes the California tech sector better able to compete for skilled workers.”

The bill has been referred to the Assembly Labor Committee to be heard in the coming weeks.