Bill proposed by Assemblymember Matt Haney would give California workers the "right to disconnect"
A new bill introduced into the California State Legislature aims to give employees the "right to disconnect" from their job when they're off the clock, protecting workers from having to answer emails or calls from supervisors.
Assemblymember Matt Haney of San Francisco introduced Assembly Bill 2751 in February.
"It should be optional," Walnut Creek resident Tony Richelle said. "An employee ought to have the opportunity to choose if they answer that call."
Richelle works in real estate. He said he's had many bosses over the year; some respected his time off more than others.
"Sometimes I won't even answer the phone, and that's an option," Richelle said about his approach when he gets a call during nonworking hours. "That's a choice that I have and that's a choice other people have. There might be consequences of that choice."
This law aims to eliminate consequences for not answering an employers calls.
It would require both public and private employers to create a workplace policy that allows employees to ignore employer during their off time. Non-working hours would need to be established by a written agreement. If there is a violation, employees could file a complaint with the California Labor Commissioner, which would be punishable by a fine.
Richelle says he does have some concerns for smaller employers.
"Small businesses could be hamstrung if an employee is not able to answer the phone or if an owner says, 'I can't call this person because I might get in trouble,'" Richelle said. "It might impact that business for one reason or another."
But Assemblymember Haney says there's a work around for all employers.
"They just need to have a policy on it about when people are working and when they are not," Haney said. "It shouldn't be that hard and the problem right now is the murkiness and the gray area can lead poeple to feel that they need to be on 24/7. If an employee consents to be working late hours and available all the time. Have them sign on to that in their employee contract"
He says employers can also have a policy about what would constitute an emergency call made to an employee off the clock.
"I always balance that with one, it's my job, I want to attend to that and two, I'm real big on being a team player and so being able to contribute to my team matters to me," Richelle said about assisting his employer on his off hours.
The bill has not been signed into law yet, but it will be heard by the assembly labor committee. If passed, California would be the first state to create a law that would give workers the "right to disconnect" during nonworking hours.
Similar laws have already been put in place in 13 countries, including Australia, Belgium and Mexico.
Haney says a big goal with this legislation is to avoid burnout.
