CALIFORNIA – The current pace of work has transformed the workday into an event that extends 24 hours. Emails and devices keep workers tethered to their responsibilities, and available at all times to respond to company demands. However, new proposed legislation could change this dynamic, at least in California.
The California State Assembly is evaluating Bill 2751, which would prohibit companies from requiring their employees to respond to messages outside their working hours unless agreed upon beforehand.
If this bill is passed, California would become a pioneer in the United States in adopting laws that guarantee the right to disconnect, granting workers the power to ignore work-related communications outside their working hours.
Bill 2751, also known as the Right to Disconnect Law, draws inspiration from similar legislation in other countries. For example, Australia will implement a similar law this year. France was the first country to adopt such legislation in 2017, and now at least 13 countries, including Argentina, Belgium, Colombia, Greece, Ireland, Mexico, Italy, and Spain, have recognized this right.
The proposed legislation would require companies to clearly specify if they expect 24-hour availability or off-duty availability. The enforcement of this regulation would be overseen by the state’s Department of Labor, imposing fines of at least $100 for each violation.
The bill includes exceptions for emergencies and for unionized jobs, respecting collective bargaining agreements. Additionally, workers whose roles require being on call would not experience changes in their responsibilities.
For many employees, this legislation would offer relief from the pressure of always being connected. The current work culture has led to stress and emotional exhaustion, especially during the pandemic, where expectations of availability increased significantly.
Recent studies show that over half of workers feel pressure to respond to work communications outside traditional hours, and a significant proportion frequently check their work emails during their leisure time.