Question: As an employer, what can I do to help my employees with their work-life balance?
Answer: In the age of technology and the growing commonality of working from home, the line between work life and personal life can become muddled. Texting, social media and applications like Slack may provide employees with access to their workplace 24 hours a day; however, such unfettered access can lead to an unhealthy work-life balance, which in turn can result in burnout and lower productivity.
California is currently considering Assembly Bill 2751, which would give employees the “right to disconnect” during nonworking hours. This bill, which would apply to employers of all sizes, would prohibit employers from contacting employees during “nonworking hours,” except in cases of an emergency or scheduling change that would impact the next 24 hours. The bill defines an emergency as an unforeseen situation that threatens an employee, customer or the public, disrupts or shuts down operations or causes physical or environmental damage. Absent these exceptions, employees would be able to ignore communications from their employer and co-workers during nonworking time — including days off, holidays and vacations — without having to worry about repercussions.
Proposed by San Franciso Assemblyman Matt Haney, this bill would require employers to clearly establish an employee’s working and nonworking hours and communicate these hours to employees in writing. In discussing the bill’s purpose, Haney said, “[w]ork has changed drastically compared to what it was just 10 years ago. Smartphones have blurred the boundaries between work and home life. Workers shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work. People have to be able to spend time with their families without being constantly interrupted at the dinner table or their kids’ birthday party, worried about their phones and responding to work.” Industries with traditionally late or erratic hours would still be allowed to contact workers during these hours if the working hours and non-contact hours are clearly communicated to employees in writing. Employers who repeatedly violate the law and contact employees during nonwork hours could be subjected to fines.
As currently written, there is no distinction between exempt and nonexempt employees. However, the bill is in its early stages and will likely undergo many changes before its possible enaction. Several other countries have similar laws, including France, Australia, Argentina, Belgium, Columbia, Greece, Mexico, Portugal, Italy and Spain. Studies have shown that workers with the “right to disconnect” are healthier, happier and more productive in the workplace.
Whether AB 2751 is passed or not, California has existing laws that place limitations on how employers communicate with their employees and how to compensate employees for work performed outside of their normal working hours, such as overtime.
In the meantime, employers can help employees in achieving a successful work-life balance by communicating expectations on work schedules and hours. Employers should encourage employees to use accrued vacation and paid time off and encourage them to fully unplug from work during this time off by ensuring workloads are properly delegated in an employee’s absence. Employers can also keep emails and other office communications within the business’ typical office hours.
AB 2751 is still in the committee stages of the legislative process with this year’s legislative session, which ends on Aug. 31.
Sara Boyns is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to email@fentonkeller.com.
