Work/Life BALANCE
Off the Hook: The rise in ‘right to disconnect’ laws
By Jason Walsh
F ew workers literally “punch the clock” as they did in the old days—and even fewer do it figuratively anymore, either. With the advent of smart phones and texting giving supervisors near 24/7 access to employees, the modern workday has rendered many positions practically on call. Now some governments are requiring Scrooge to give Cratchit a little down time. France, Spain, Belgium and, just recently, Australia have all passed “right to disconnect” laws, which essentially grant employees the right to avoid work-related communication on their personal time. Supporters of such legislation say the laws are necessary to establish boundaries between work responsibilities and personal space. “Clocking off used to mean something in this country,” said Australia’s Minister for Employment and Workplace Relations Murray Watt in a statement. “It meant time with your kids, time with your friends or just time to yourself to relax.” But new technologies, combined with flexible and remote scheduling, have shifted the boundaries between when an employee can expect the workday to end—if ever.
Added Watt: “It should not be controversial that workers shouldn’t be required to do unpaid overtime.” Opponents argue such laws go too far. For instance, in case of an emergency, a boss contacting a staff member on a Saturday to troubleshoot a major problem shouldn’t be considered breaking the law. All told, 12 countries, have implemented a form of right- to-disconnect for workers since France became the first to do so in 2017. The United States may have its first test-case for “right to disconnect” laws, as California Assemblymember Matt Haney (D-San Francisco) last year introduced AB 2751, which would grant Golden State employees the “right to ignore communications from the employer during nonworking hours.” The bill allows exceptions for cases of emergency or for discussions about scheduling. “Workers shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work,” Haney said when introducing the bill last year. AB 2751 has been stalled in committee since May, raising questions as to whether it has the support of the legislature to pass.
18 NorthBaybiz
October 2024
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