The California bill provides the right to disconnect for workers outside of work hours

California could become the first state in the country to give workers the “right to disconnect” under a new bill.

General Assembly Bill No. 2751, presented by Asim. Matt Haney (D-San Francisco) on Monday will ensure Golden State workers are able to have uninterrupted personal and family time by giving them the ability to disconnect from emails, texts and calls during non-work hours.

“Work has changed radically compared to what it was just 10 years ago. Smartphones have blurred the boundaries between work and home life,” Haney said in a statement. “Workers should not be penalized for not being available 24/7 if they do not get paid.” For 24 hours of work.

With the proposed changes, employers in the public and private sectors will be required to establish a right-to-disconnect policy at their workplace, allowing them to ignore communications when outside working hours.

Exceptions for emergencies or scheduling discussions outside of business hours are included in the bill. Unionized workers who have a bargaining agreement with their employer are also excluded from the provisions of the bill.

Industries that traditionally operate late and irregular hours, or those that require workers to be on call, will also still be permitted to contact workers outside of working hours, as long as such off-premises contact periods are stipulated in employee contracts or if any standby time is compensated.

“This bill has a lot of flexibility to make sure it works for all businesses and types of employment in California, including sectors that may require on-demand work or longer hours,” Haney said. “We have crafted it in a way to address recent changes to work brought about by new technology, but also to be pro-California businesses. California businesses will be more competitive for much-needed workers as a result of this law.”

Right-to-disconnect laws have been implemented in 13 countries around the world, starting with France in 2017. Australia, Argentina, Belgium, Colombia, Greece, Ireland, Mexico, Italy and Spain are among the countries that have followed suit.

According to Haney's office, studies have shown that workers have become “healthier, happier, and more productive” since these laws were passed.

“California’s greatest asset is our highly skilled workforce,” Haney continued. “But we are in constant competition with other states like Texas and New York who are trying to attract California workers to their states. Giving our workers the right to disconnect will be a huge benefit to our workforce and make California’s tech sector more competitive for skilled workers.”

The draft law has been referred to the Parliament’s Labor Committee for consideration in the coming weeks.