NYC law would bar employers’ late-night mails, texts

NEW YORK — Technology that once promised freedom from the confines of an office has, for many workers, become a ball and chain, blurring the lines between work hours and, well, any other hours. A New York City Council member wants to put a stop to that.

The proposal would bar employers from requiring employees to respond to non-emergency emails, texts and other digital communications outside regular work hours. It would also outlaw retaliating against workers who choose to unplug.

The recently introduced legislation is only in the beginning stages, with initial committee hearings expected sometime in June, and doubters wonder how it could work, especially in always-buzzing New York City.

But bill sponsor Rafael Espinal, a Democrat who represents parts of Brooklyn, said the legislation is needed because the city that never sleeps isn’t supposed to be the city that never stops working.

It’s important, he said, for people to be “able to draw a clear line between the workplace and their personal lives, to give them time to connect with their family, friends, reduce their stress levels and be able to go back to work and perform at their optimal level.”

The legislation would cover private companies with more than 10 employees. There would be exemptions for certain types of jobs that require people to be on call. Barring emergencies, bosses wouldn’t be able to demand that workers check work emails or messages in off hours.

Companies that violate the rule would face fines of at least $250 per incident.

Espinal said he was inspired by a French law that took effect this year that gave employees the right to ignore off-hour communications.

Employers who wanted to return a communication could do so.

“If you love your job and you love what you’re doing, I highly doubt that you will stop working,” Espinal said.

The bill would be intended to make life better for people like Arlene Pitterson, a marketing and event planning consultant in Brooklyn, who recalled one boss routinely pestering her with late-night emails, then getting upset when she didn’t reply.