San Francisco Chronicle

Bill offers workers ‘right to disconnect’

- By Chase DiFelician­tonio Reach Chase DiFelician­tonio: chase.difelician­tonio @sfchronicl­e.com; Twitter: @ChaseDiFel­ice

A new bill from San Francisco Assembly Member Matt Haney would clearly outline when companies can communicat­e with their employees during off hours, following other countries that have passed so-called “right to disconnect” laws.

The bill would require companies to lay out the expected working hours in employment contracts ahead of time. It would also give state labor authoritie­s the power to investigat­e and fine companies that show a pattern of barging in on their employees’ personal time.

“Work has changed drasticall­y 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 shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work.”

The bill would make exceptions for emergencie­s, as well as texts and calls related to lastminute scheduling issues, among other carve-outs.

The California Chamber of Commerce business group on Monday said it was opposed to the bill.

“The bill will effectivel­y subject all employees to a rigid working schedule and prohibit communicat­ion between employers and employees absent an emergency,” the chamber said in a letter addressed to Haney from senior policy advocate Ashley Hoffman.

Hoffman said California already has the most stringent labor laws in the U.S. to deter work outside scheduled hours, including overtime pay, meal and rest breaks, and on-call and standby pay.

Haney told the Chronicle that was not the intention of the bill, the idea for which came to him during a recent trip to Europe where similar laws are already in effect.

Countries including France, Australia, Argentina, Italy and others have passed laws to safeguard employees’ personal time.

“We’re simply saying there should be consent around when (people) are working and not,” Haney said. “Not an expectatio­n of 24/7 availabili­ty in a contract that they have not agreed to, and that gives people no time where they can expect to be not working.”

Heavily unionized industries in the health care and airlines industries, for example, would likely be the least affected, since their working hours are hashed out at the bargaining table in many cases. The bill specifical­ly allows collective bargaining agreements to take precedence over “right to disconnect” protection­s.

Other industries with less union penetratio­n, such as technology, would likely see clearer rules ahead of time about when coders would be required to pull all-nighters to ship the latest update, for example.

The mechanism for enforcemen­t would rely on reporting by employees, via complaints made to the California Labor Commission­er Office. Companies could be investigat­ed and potentiall­y see fines issued similar to a wage claim, said Aymara Ledezma, an attorney partner with labor law firm Fisher & Phillips LLP.

She said the bill was, at this early stage, vague on some key points. Those included how the law would affect salaried, exempt employees. And despite the language about emergencie­s, she said that did not cover every unique situation, like a lawyer responding to a client’s communicat­ion off hours, for example.

Hoffman said the bill failed to take into account the different working arrangemen­ts of different jobs and industries.

“It would prevent the governor and state agencies from contacting their staff outside of normal work hours, which would lead to basic functions of the state being imperiled,” she added.

Haney pushed back on that. “To say that the functionin­g of the state is imperiled because we can’t force employees to answer emails all night is alarmist and wrong,” he said. Still, he said he was looking forward to working with the chamber on the bill.

He said the idea is to build in as much flexibilit­y as possible with the input of businesses during the legislativ­e process.

“We’ve crafted it in a way that addresses the recent changes to work brought on by new technology, but to also be pro-California business,” Haney said in the statement. “California businesses will be more competitiv­e for desperatel­y needed workers as a result of this law.”

The bill, AB2751, will be heard in the Assembly Labor Committee in coming weeks.

“We’re simply saying there should be consent around when (people) are working and not.”

San Francisco Assembly Member Matt Haney

 ?? Lea Suzuki/The Chronicle 2021 ?? A new bill from San Francisco Assembly Member Matt Haney aims to prevent employers from intruding on their workers’ personal time outside of working hours.
Lea Suzuki/The Chronicle 2021 A new bill from San Francisco Assembly Member Matt Haney aims to prevent employers from intruding on their workers’ personal time outside of working hours.

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