California Progressives seek a right ‘Right to Disconnect’ from corporate communications during nonworking hours. 
Right to Disconnect
Please note that a California proposal would guarantee a Legal Right to Disconnect.
The Assembly bill would grant employees a legal right to ignore an employer’s communications during “nonworking hours” except for emergencies or work scheduling. All employment contracts in the state would also have to clearly delineate working and nonworking hours. California’s Labor Commissioner could fine employers who violate workers’ “right to disconnect.”
If an employer or a client experiences a problem on a weekend, tough. Managers couldn’t ask workers to help unless the problem is an “unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage.” The Labor Commissioner and courts would presumably define what is “unforeseen.”
Matt Haney, the bill’s sponsor says “workers shouldn’t be punished for not being available 24/7 if they’re not being paid for 24 hours of work.”
The WSJ comments “Progressive ideas that originate in Sacramento have a habit of becoming mainstream in the Democratic Party, which is why we have to cover them.”
If California wants to drive more businesses out of state, this would surely do it.
California’s Deficit Is $222 Billion and the State is $1.6 Trillion in Debt
Meanwhile, please note California’s Deficit Is $222 Billion and the State is $1.6 Trillion in Debt
Governor Gavin Newsom bragged of a surplus, but California is seriously underwater. The next recession will hit the state extremely hard, and deservingly so.
Simple. If you dont want to be available just say you turn your phone off after 5 and dont turn it back on till 8 am. Etc
Rather than having a knee jerk response you have to look at the reasoning behind the proposal. I read the antiwork subreddit on Reddit and its obvious that people in some industries are abused when it comes to responding to after-hours schedule changes and work requests.
I don’t think the law as written is really the best solution to this problem, but I think an appropriate response would be to propose a win-win counter proposal. Not complain about liberal politics.
I don’t have a solution off the top of my head, but as a concrete example I can talk to the ridiculous law that is being proposed to restrict new cars to only go as fast as the posted speed limit. I think the underlying concern is that today’s muscle cars are capable of speeding far in excess of 100mph. The proposed law is terrible and it overreacts to the underlying issue. But I think a reasonable counterproposal would be to limit new cars to a top speed of 100mph. For most people this wouldn’t really effect their driving experience at all.
Next California will propose a bill that requires everyone to be happy.
First offense is a misdemeanor.
But third offense is a life sentence.
What did we do before telephones? Did the Forman knock on your door and say come to work? I
ssue is, now that many can work from home, bosses are taking advantage of off hours. How much is enough?
We been told we are a bunch of lazy Americans. So be it.
As a CA resident, I apologize to the rest of the country. The idiocy emanating from Excramento is remarkable. You have to fail an IQ test to qualify for the Dem ticket and then have no morals or integrity to get a bill to the floor and then be completely corrupt to get anything passed.
Because they know better how to run our lives than we do. Nicely arrogant of them.
Imagine a society so thoroughgoingly totalitarian that what a guy can; and can not; ignore, must first be deemed and held and decided by a bunch of trashy babykissers on the make and their ambulance chasing hangers-on…..
The Organization Man and The Man In The Gray Flannel Suit (1956) + Millennials and Gen Z + DIE x ESG = you get what you f-ing deserve.
If I got an email from my boss after hours, I’d probably ignore it out of principle unless I had a job requiring me to report within a certain time in case of emergency (I had one once in beeper carrying days).
I can agree with this as I am in the process of granting myself the legal right to ignore the IRS and stop paying taxes altogether. Thanks for bolstering my right to do so
It makes sense to me. Only in the USA do people appear to be willing to be wage slaves, and for what? Skyrocketing inflation, unaffordable housing, rampant crime, record high substance abuse and rates of depression, eye wateringly expensive healthcare, never ending wars…..is this what people signed up to when they decided to work? Having a right to not be bombarded by emails and demands at 1am is maybe the least of it?
You are describing Europe except for the healthcare but even that is being rationed more and more. To get something done without waiting months, you have to go to a private hospital.
No workee, no eatee. Capiche?
I agree except it’s increasingly more like: “workee workee no eatee” anyway!
No Workerees, No Businessee…Comprende? Go hire a bunch of retired boomers, if ya can…
Are your stated problems caused by your boss/company or the government? Will you stop paying tax in protest?
Every year the politicians clock in tens of thousands of pages of Federal Register entries, millions of pages of state & municipal statutes, countless executive orders — and we humans are left with the same capacity for understanding nothing of what it means.
A generation ago, a lawyer remarked that the average citizen breaks three laws a day without realizing it. By now it must be twenty or thirty.
Good. Every new law is a restriction on one’s liberty. Breaking tyrannical decree can be a holy thing.
All these types of laws do is encourage frivolous lawsuits. An underperforming employee gets fired and then claims that it was because of those emails they didn’t respond to after hours. Another gift to the plaintiffs bar.
The Boss and communications –
link to m.youtube.com
This takes quiet quitting to a higher level.
And quite firing as well..
Yeah, There’s a BUNCH of unfilled jobs. My friend can’t find enough workers for his family’s 75 year old manufacturing company…toughest market he’s ever seen. And they pay well.
So I suppose that your friend doesn’t have any openings for gender studies majors?
I checked this guy’s Wikipedia and he’s never had a job outside academia or politics.
link to en.wikipedia.org
most of these tyrants have the same background..
The home insurance market is a mess in CA – our insurance commissioner has never done anything in the private sector, let alone have any experience in the insurance industry…
most of these government positions have been created for ideologues to make massive money off the tax payers
Why must pay be linked to actual productive work?
Congress gets paid regardless of output.
And there is a court case establishing that that an employer is entirely within his rights to hire someone to do nothing.
That one came about because an employer expected his secretary to stay at her desk at lunch in case someone called, but refused to pay her for it. His argument was that if he paid for her lunch break and no one called he would have been paying for doing nothing.
That does not apply to Exempt positions, yet another reason Exempt status is a trap.
If congress did nothing, it would be worth every penny.
Yes, that problem has been nagging me for years. HOW DARE the people who pay me for asking for extra work to solve problems?
While I agree with the idea of working hard to get ahead I don’t necessarily think it should be expected that people put it extra time at the whim of the employer either – especially when there is no acknowledgement of such work. I work for a billion dollar corp in California. Im a natural earlybird who gets in before 6.30 on most days but when I asked if it was okay to take off an hour earlier for a family event I was told I need to take PTO from my leave balance to do so. The result is that I will now be on the lookout for a position elsewhere and will not hesitate to go. There has to be give and take.
Yep. Poorly managed companies will find poorly performing employees are the only ones that will stay. People who take initiative in a low unemployment environment can move jobs relatively easily.
And choice is the key here to solving the problem. Not arrogant asses who’ve never worked an honest day in their lives telling us how to interact with others.
Is no one an adult in Californica such that the state has to take parental control of business relationships? An overt mommy-state maneuver.
Would that also apply to spousal relationships?
I’m fine with “after hours” availability provided that the requirement is made known up front prior to job acceptance. That way the perspective employee can accept the offer as is, counter, or simply walk away. If an employer wants after hours availability after job acceptance, then a renegotiation of compensation terms is order.
Simple contractual compensation agreement, no governmwnt involvement required.
Your requirement to be pre-arranged in all things work is also kind of a tall order for management. UNFORESEEN problems is what work is all about.
If a problem arose, I was ALWAYS available and I was flattered if the bosses called ME to help. I was eager…and, guess what?
I GOT PROMOTED, over and over again and ultimately was invited into a start-up, got 1,000,000 shares and retired at 38. I became an OWNER.
I was seen as instrumental in past problem solving situations. I was a hustler.
I also operate like you did on the job, but I acknowledge that many, if not most, do not. That is the crux in the matter (everyone has different expectations).
To solve this dilemma, I believe employment should be contractual. You need xyz done, and you propose to compensate me 123 for it. I can accept, counter, or walk away. Open ended agreements often lead to misunderstandings and problems.
You wouldn’t contract an electrician to replace your panel box and then say to him “oh, I also want you to replace all of the outlets in my house (without additional pay)”. If the electrician chooses to do it without extra pay then fine, but contractually he has no obligation too. Knowing, up front, what is explicitly expected serves and protects both parties’ interests.
Did your startup have ANYTHING to do with your prior job (was the startup spun out of that same company)? If not, it’s not highly relevant. If so, then it’s a cool story bro.
However, I understand as I too worked quite a bit of overtime…got promoted to run one of the top business units in that Fortune 500 Company and then built my OWN startups on the side (nights, weekends and some lunches)…and eventually stepped away from the company…that Co. was getting WAY to bureaucratic and inefficient as you got close to the top.
As I was leaving the company I was like:
“Hey Leadership! How bout a little something, you know…for the Effort?”
I did get a great package to leave the company though…
So I got that going for me…Which is nice. 😉
Exactly Correct!
Tech work is global.
Eastern Europe starts Monday AM work on our Sunday PM
I work on Sundays to get them ready for Monday AM.
It’s a 24/7 world now.
Passive aggression is the best solution.
1.) Turn the company laptop off when not working at home.
2.) Use two phone numbers; one for personal and one for business.
3.) Never give out your personal number to anyone at work.
4.) Always turn off your “business” phone when you are off the clock.
5.) Get off social media since it is a communication channel as well.
6.) Don’t even suggest the boss buy you a company phone. Doing so is an implied agreement that you will answer every call.
There is enough wiggle room for plausible deniability.
And, therefore, you make yourself INVISIBLE, not available to help at any time and you will never arrive at the peak of the Management team, driving your own future.
I did the opposite: as a result, by the time I was 31, I had a Company Car, travel accounts, responsibility, Company-paid Cell Phone, Sports Club Membership, Insurance, Dental Long-Term Disability Program, 3 weeks vacay, and so on.
It paid off. I got promoted. My semi-annual bonuses were nearly $100K twice a year. Then, I got drawn into a new start-up because I was seen as a team player.
NO, I was not an ass kisser: I argued with the Bosses. They saw me as strong, and wanted me on the team in Board meetings.
SUCCESS=EXTRA EFFORT!
I prefer not to enable or encourage bad management.
You are assuming people have, or should have, the same career goals, money goals, and definition of success as you. This is fallacious thinking. What works for you; works for you and only you.
Didn’t you once say you lost your hair from all the stress, and as soon as you had enough money you left, and stopped being productive. Most people are the rule, and not the exception. They figure they will have to pace themselves for retirement until 65 years old, 55 if a government worker.
Nah, You were an ass kisser…it’s OK. But not everyone needs to work their way up the corporate ladder. Some people couldn’t give two shites. They’re working to live…not the other way around.
I personally DID work harder in a corporate job and was promoted rapidly. Then built my own company on the side and left, with a buyout package.
Why are you fabricating?
It’s obvious.
Are you here to disrupt the conversation.
100% true.
There are two mindsets.
Corporate, military and government whose goal is to make the project take as long as possible since starting a new project is more work. If you’re essential in the old project it’s job security to make it last as long as possible.
Starts ups are the opposite.
If you solve problems autonomously and quickly – your gold and will be given equity generously.
Musk is effective because this is his philosophy. He cut all the corporatist deadwood out.
if an employer wants an employee to be available outside of normal hours then they should pay on-call, build a good relationship with quid pro quo re flexible working hours and leave or bring the employee in as a partner in the enterprise so they have a direct interest in it’s success
an employee is not an indentured labourer
Employees should shut the F up and put in the extra hours. GOD, what a pile of dopes we have here today.
EXTRA HUSTLE= PROBLEMS SOLVED and everyone profits.
If a company is achieving big results it is because of HUGE EFFORTS to solve problems.
In the ideal case everyone profits. Not all employers are ideal. I’ve had very decent ones, and I’ve had butts.
When the boss calls you in on the week end to do the boiler operator’s job because you are Exempt and the boiler operator would be on overtime pay that is way too far.
Yup, employers will often attempt to take advantage of employees just as much as employees will often attempt to take advantage of employers. The common theme is..humans are involved. One side always thinks they are justified or correct, and the competing side thinks the opposite.
Assuming the employer is always correct is just as moronic as assuming the employee is always correct in such matters.
“EXTRA HUSTLE= PROBLEMS SOLVED and everyone profits.”
Ridiculous statement. Extra hustle does not always ensure problems are solved. I agree it may help increase the chances of problems being solved, but it is not a guarantee as you are implying.
Nah Bruh, you should STFU and let people be Grownups. You don’t know Shite about THEIR situations. Almost certainly you were UNDERPAID for what you performed and the hours you worked based on the profitability you probably generated…and could have started YOUR OWN business in you had the balls. Well before 31 years old. So go get plowed. You’re not the boss of no-one. Have a nice day.
Mish seriously?
He’s fake.
This is what happens when government officials haven’t a clue how to do their job so they come up with sideshows. The $222,000,000,000 shortfall is what they should be working on but, since they haven’t a desire or clue on how to remedy, they take up silly initiatives like this. 35 years of managerial experience and, though I was contacted after hours it was due to an actual need and, if I thought it wasn’t, we worked through it without government intervention. The bill’s title is silly, “Right” to disconnect? These clowns don’t even honor the Bill of Rights now but we’ll create a fictional one as the right to disconnect. Disconnect the tether to the taxpayers’ wallets. Kalifornia is flat out cuckoo.
Yeah, unnecessary weekend work or after hours…Cool story Bro. People usually work 5 days a week NOW…because someone fought for that.
I personally was single and worked a TON of hours…got promoted…and Ran a Huge Business Unit for a F500 Co as a result. So I get it…but would have done it differently if I had to do it all over again.
I started my own companies, while working that job and would have done that MUCH sooner and would have exited that job MUCH faster. So I have no issues NOT overworking in someone ELSE’s Corporation. Your time…do with it what you want. Build another side business…make WAY more per hour, most likely.
The very fact that a law like this is being passed shows that the employers have stepped out of bounds repeatedly and that the problem is widespread.
Depends on what level you are in the organization. Obviously, someone with little responsibility or none at all should never be called outside of work hours but if you are in a position of responsibility then being called at all hours for important things is part of the job. You either accept it or look for a place that is less demanding. This law by its wording looks to apply only to those who are paid by the hour but I am not a lawyer so I can’t say. If it can be applied to management then there could be a problem for companies in California.
No, Doug, you achieve “a position of responsibility” because you prove that you CAN handle it before being promoted INTO that position.
YES, realize that achievements like becoming a Senior Management person requires extra hustle, long hours, showing up early and leaving later than your co-workers.
It was quiet after hours. I was noticed by my CEO’s that I was still there WITH THEM.
To get to a position of responsibility you obviously have to work hard and make yourself available to your bosses unless your family owns the company. That is a given and anyone who works for or had worked in a high management position would know that instinctively to the point where to even mention it in a meeting or to a coworker would be deemed bizarre like saying the sky is blue on a nice day.
Nope. You have to PERFORM well OR Politic well.
In fact, the more you can do in a lesser amount of time, the MORE likely you are to perform better in promotions.
Also, MAJOR politics in the F500 world…there’s Executive VPs that suck at their jobs…but are parked there…because they’re buddies with the C-Suite. Kinda like in the Government.
Too bad many people aren’t going to be in the office anymore. I was in charge of a large Business Unit for a F500 Co. Was paid well…but definitely should have received more, looking back…and I maxed out major bonuses. Which is why built my own company on the side…and left that career. They could have probably kept me for another 5 years and profited massively with a bit more rewards for extra time. Unfortunately Corporations often play down to the lower common denominators, even among top roles. C-Suite is often sometimes the exception…many times they are overpaid, because their buddies are often on the Board of D.
Nah, Get an agreement that you will get PAID for Extra Hours…and you can probably get a LOT more people doing the extra work as management / exempt. Plenty of Highly Paid people have similar things in their contracts.
BULLSHIT.
Naw crybaby. Plenty of companies overstep bounds. Many of them would be better off paying just a bit better for Overtime / Extra Effort and not having the Turnover. I know I left a Top Role with my company and built my Own Companies because I crushed it and maxed some healthy bonuses but nothing like I could make with my own Co’s. Would probably only have cost them an extra 25% or so to keep me for 3 to 5 years…and I was adding 8-Figures of Value to the company as head of that Biz Unit. That Biz Unit took a severe turn for the worse after I left…but my overall Stock Options still went up until I sold out of them.
Next they will pass a law against excessive compensation by exercising stock options. A state agency will be set up to review them and decide if the sum is morally correct or not.
Um. I have been known to ignore SMS messages and emails. Perhaps it’s good to know that I’m not breaking the law. That is, only if the state adopts this measure?
Perhaps, something is being lost in the translation?
If I’m paid to be on call then OK with my employer contacting me at 2am. But I’m not a slave subject to my masters beck and call when I’m on my holidays, sick in hospital or working my second job unless it is an emergency.
I was ALWAYS at their beck and call and they NOTICED IT and then my co-workers wondered why I WAS promoted and no them!
That is because they were not “slaves subject to their masters’ beck and call..”
AND: I was ALWAYS available to help out. As a result, I retired at 38 loaded with Bonus savings and Stock.
I have traveled since then, first class. If you WANT to be a top paid person, you gotta stand out.
There have been people who have done exactly what you say but have been passed over for people of lesser value because of favoritism or whatever. It worked for you and that’s great but it takes an environment that reciprocates when you make an effort – that’s not going to be everyone’s case. Regardless this is another stupid law from stupid California.
Your specific example only applies for those seeking management promotion. 90% of workers are not and will never be in that situation and are just wanting a fair days pay for a fair days work so they can spend their time off work on their family duties. Read some of the insane examples of what some managers have expected of workers like the manager who contacted an employee to demand he fix a mistake the manager made and demanded the employee fix it during the employees fathers funeral.
Yeah Cool Story Bro. Sounds like you should have left earlier…Started your OWN company and would have been out of the corporate Rat Race even sooner.
Now here’s Two Shites…because No-One gives One…
Perhaps more California business (at least the ones who haven’t left) would exercise a “right to disconnect” from these employees permanently?
Yeah, great plan…because there’s a lack of employees to fill many jobs. Move along.
Matt’s an idiot.
Yes, he is. He has never been a boss.
And probable flamer.