What Are Right To Disconnect Laws?
With the rise of remote work and digital communication, balancing work and personal life has become a growing challenge. Many employees feel compelled to stay connected outside traditional work hours, making it difficult to fully “disconnect” after hours.
“Right to disconnect” laws address this issue, protecting workers’ rights to separate work obligations from personal time. Argentina, Australia, Belgium, Brazil, Canada (Ontario), Chile, Colombia, France, Greece, Ireland, Italy, Kenya, Luxembourg, Mexico, Peru, Portugal, Spain, and Thailand restrict employers from expecting or requiring employees to be available outside of regular work hours. These laws intend to reduce burnout, improve work-life balance, and promote mental health.
As American workers increasingly experience blurred boundaries between work and home, employers are starting to recognize that continuous connectivity can lead to stress, burnout, and mental health challenges. Disconnecting also reduces the risk of disputes over compensation for after-hours work.
So, what’s on the horizon for the United States?
What Is The Current Legal Landscape Of Right To Disconnect Laws In The United States?
No states have yet implemented right to disconnect laws, though California and New Jersey have recently considered them. (Washington and New York City defeated proposed measures in the past.)
California’s proposed right-to-disconnect legislation, Assembly Bill 2751, stalled in California’s appropriations committee earlier this year. The bill would require employers to “establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours” without retaliation. The proposed law defines “nonworking hours” as hours that fall outside the employee’s “assigned hours of work, whether stated in their job description or stated otherwise.”
Notably, the California bill does not prohibit all after-hours communication. For example, employers could still communicate with employees during nonworking hours in an emergency, defined as an “unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage,” or when making last-minute changes to a work schedule.
A new bill similar to California’s was proposed in New Jersey in September 2024. The bill would require employers to “establish a workplace policy that provides employees with the right to disconnect from communications from the employer during nonworking hours.” The law defines “nonworking hours” as “the hours before and after an employee’s assigned hours of work, whether stated in the employee’s job description or stated otherwise.” The proposal further specifies that “nonworking hours shall be established by written agreement between an employer and employee.”
Like the California bill, the New Jersey law would permit an employer to contact an employee for an emergency, defined as “an unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage,” or for last-minute scheduling changes within 24 hours of a shift.
The proposed law would apply to employers with 50 or more employees and cover both full-time and part-time workers. We will monitor this bill as it progresses through the state legislature.
How Can Employers Address The Right To Disconnect?
For companies looking to stay ahead of potential legislation and foster a supportive work environment, consider the following steps:
- Develop disconnect policies: Clearly outline when employees are expected to be available and when they can disconnect.
- Encourage boundaries: Cultivate a company culture where it’s acceptable to log off after regular hours.
- Review compensation for after-hours work: Ensure employees are fairly compensated for any necessary work performed outside typical hours.
- Educate managers and employees: Train staff on the benefits of work-life balance and encourage practices that support disconnection.
What Does The Future Hold For the Right To Disconnect?
While the movement is still in its infancy in the United States, right-to-disconnect protections reflect a shift toward prioritizing mental health and work-life balance. These laws emphasize that personal time should remain personal and prevent after-hours work from becoming the norm. With continued advocacy, more states may begin to consider similar policies.
