California Bill Allows Workers To Ignore Boss’ After-Hours Calls and Messages

A bill has been introduced in the California legislature that would give employees the “right to disconnect” from their jobs during nonworking hours. This means that outside of regular working hours, bosses can only contact their employees in a manner the next day.

Bill AB-2751, called Employer Communications During Nonworking Hours, was introduced by assembly member Matt Haney of San Francisco on Feb. 15, 2024. The bill is an act to add Section 1198.2 to the Labor Code relating to employment. The existing law regulates employees’ wages, hours, and working conditions and makes it a crime for an employer to require or cause any employee to work for longer hours than those fixed or under conditions of labor.

The new bill “would require a public or private employer to establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours, except as specified. The bill would define the ‘right to disconnect’ to mean that, except for an emergency or for scheduling, as defined, an employee has the right to ignore communications from the employer during nonworking hours.”

The bill requires an employee’s nonworking hours to be established by written agreement between an employer and employee. It also authorizes an employee to file a complaint of a pattern of violation of the bill’s provisions with the Labor Commissioner. If not enforced by an employer, this rule is punishable by a civil penalty.

The bill cites an emergency as an unforeseen situation that threatens an employee, customer, or the public, disrupts or shuts down operations, or causes physical or environmental damage. Nonworking hours include hours before and after an employee’s assigned work hours, whether stated in their job description or otherwise.

If an employer follows a pattern of violation — three or more documented instances of violating the right to disconnect — the employee has a right to report them. The right to disconnect means that an employee can ignore communications from the employer during nonworking hours.

Before the technological age, most people were not on call for their jobs outside of working hours. This bill aims to ensure employees have personal time outside of work.