Real World Impact: U.S. employers should be aware of the global trend of “right to disconnect” laws and should review their policies on after-hours communications to stay ahead of social and legal changes.
Last week, Australia's new "right to disconnect" law went into effect. The law protects employees who choose not to monitor, read, or respond to communications outside of their working hours, with some restrictions. The protection does not apply to "unreasonable" refusals or emergency situations. Whether an employee's refusal to respond is considered unreasonable will depend on various factors, including the employee's seniority, personal circumstances such as caregiving responsibilities, the reason for the contact, and the extent of disruption caused to the employee.
Australia is not the first to enact such a law. In recent years, more than a dozen countries have enacted some version of this right to disconnect.
As this legislation gains traction, it raises important questions for employment law in the United States. While U.S. work culture often values availability and responsiveness, there is a growing recognition of the negative impact of constant connectivity on employee well-being.
While the right to disconnect has not been enacted in the U.S. yet, signs of movement in that direction can already be seen. Earlier this year, San Francisco Assemblyman Matt Haney proposed a bill to make California the first state in the country to give employees the legal right to ignore nonemergency calls and emails once the workday ends. The bill faced significant criticism from employers and business advocates claiming that the blanket rule was a step backward for workplace flexibility and that implementation, especially across workers from different time zones, would be impose a hardship on businesses. For now, the proposed legalization is stalled in committee, and its prospects of advancing are uncertain. But this is not likely the last we will hear of this new employment trend.
A brief scroll through any social media site makes it clear just how relevant this issue is to today’s employees. Influencers who focus on today’s workplace regularly post about topics related to employees refusing to make themselves available outside of working hours, unreasonable managers who demand 24/7 access to employees, and “quiet quitting.” So even today, regardless of any laws imposed on the issue, the topic remains at the forefront of employee relations.
The Bottom Line
U.S. employers and HR professionals should proactively adjust policies on after-hours communications to stay ahead of social and legal changes. Consider setting clear expectations around after-hours communications—defining when they are reasonable and necessary—and implementing a system to manage inevitable disputes. Of course, such policies should take into consideration employees’ exempt status, including procedures to ensure nonexempt employees are compensated for any time spent responding to work-related communications outside of regular working hours. By establishing these boundaries and processes now, businesses can manage employee expectations, minimize disruptions, maintain productivity, and ensure a smoother transition if (or when) similar regulations come to the U.S.
