In an always-connected world, workers face pressure to essentially be on call for work emails, texts or calls. Speaking with a California employee rights attorney can help clarify what protections exist for employees facing this pressure.
Technology changed the work world at breakneck speed, bringing pros and cons; some people are pushing back. So-called “right to disconnect” laws have grown in prevalence globally, and for good reason.
A recent survey by EmailTooltester of 1,125 U.S. workers found that 71 percent felt expected to respond to work emails outside of work hours. But the majority said that they regularly dread checking their work inboxes and that burnout from work communication causes them to talk less with loved ones. More than 90 percent said a right to disconnect law would be beneficial.
France passed a law in 2017 that required employers to give workers the right to ignore communications after working hours; other countries around the world have been crafting laws in the same vein. New York City tried in 2018; California tried last year, but AB-2751 stalled out in the appropriations committee. A key objection from employers: The law tried to apply broad limits to a nuanced issue.
But burnout is real, and employees can’t work 24/7. So what protections does the existing law proffer?
California’s overtime rules and the federal Fair Labor Standards Act give some protection. They generally have similar requirements: While employers may require some overtime work, they must pay a premium for those extra hours. However, some jobs (such as salaried positions) may be excepted from this rule, and managing intermittent work communications can be hard to quantify in terms of hours.
Also, workers generally should be paid when they have little control of their own time (with elements such as restrictive response times or geographic locations). FLSA on-call rules say employees who are required to remain on or close to the workplace, and who can’t effectively pursue their own purposes, are on call; those who only have to be able to be reached are not on call.
These gaps, particularly the lack of explicit rules governing digital communications after hours, leave a lot of room for interpretation.
Conversations at work can help outline fair expectations, but patterns of large amounts of uncompensated work time are problematic and harmful. We will work to protect employees, as well as keep tabs on the law as it evolves to govern an always-connected workplace. An experienced California employee rights attorney can help enforce these protections and ensure fair treatment.
If you have faced mistreatment or discrimination at work, contact us for a free, confidential consultation. In more than 25 years litigating fraud and employment cases, the lawyers at Keller Grover have recovered hundreds of millions of dollars for clients and class members. We will advocate for you.