Right To Disconnect: Employer FAQs on After-Hours Legislation

Kaitlin Edwards | Dec 4, 2024

Right To Disconnect: Employer FAQs on After-Hours Legislation

The concept of disconnecting from work once the clock says you’re done has taken root. The “right to disconnect,” policies designed to protect employees from after-hours work-related communications, is becoming more common worldwide.

In this article, we’re answering that question as we examine the essentials of these laws, their impact on employee rights, and how companies in the U.S. can prepare — and how Mosey has your back in the ever-evolving world of corporate compliance.

What Are Right-To-Disconnect Laws?

Right-to-disconnect laws aim to give employees the freedom to step away from work communications during non-working hours. Whether it’s emails, calls, or text messages, these laws set clear boundaries, letting employees enjoy their personal time without the pressure to respond.

The goal? To improve work-life balance, reduce burnout, and recognize the importance of mental health in the workplace. So far, these protections are primarily found in Europe, with France leading the way.

The French government enshrined this right in its labor laws in 2017, giving workers the legal right to disconnect. Other European countries, such as Spain, Italy, Belgium, and Ireland, have since followed, each adopting unique approaches.

Outside Europe, Ontario in Canada has implemented similar protections, while the Australian Fair Work Commission now allows employees to decline out-of-hours communication — with some exceptions.

How Do Right-To-Disconnect Laws Work?

Each country structures its right-to-disconnect laws differently. Here’s a look at how various locations position their laws:

  • France: Employees have a legal right to disconnect after regular hours unless emergencies arise.
  • Spain and Belgium: Similar protections prevent employers from requiring availability outside set working hours.
  • Ontario, Canada: This law protects employees from retaliation if they choose not to engage in work-related communications after their working time.
  • Australia: While employees can refuse after-hours communication, certain situations allow for flexibility, especially for roles requiring more availability.

In these places, right-to-disconnect policies are considered essential to maintaining a balanced work culture, especially as remote work and flexible schedules become standard.

Are There Right-To-Disconnect Laws in the United States?

While no federal right-to-disconnect law exists in the U.S., states like California and New Jersey have begun exploring similar ideas.

California’s Assembly Bill 2751 aimed to introduce the right for employees to disconnect from non-emergency work-related communications outside assigned work hours. The bill didn’t pass, but it raised awareness around this issue. New Jersey introduced a similar bill in 2024, but it remains in committee.

For now, the right to disconnect remains a topic of discussion in the U.S. rather than law. However, if trends in Europe, Canada, and Australia continue, it may not be long before American lawmakers consider these protections more seriously.

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Why Are Right-To-Disconnect Protections Important?

Right-to-disconnect laws respond to the needs of an evolving workforce. The 24/7 accessibility of smartphones and other technologies can blur the lines between work and home, making it challenging to fully step away.

As many employees experienced during the pandemic, continuous connectivity often leads to burnout, stress, and a decline in mental health. Studies consistently show that employees with time to recover are more engaged and productive.

Right-to-disconnect protections acknowledge that employees need personal time — time away from emails, phone calls, and other “on-call” expectations. These laws aim to ensure that work doesn’t overtake home life, especially as remote workers extend the workday past traditional hours.

What Are the Benefits of Implementing Disconnect Policies?

Even without legislation, many U.S.-based companies are proactively setting up their own right-to-disconnect policies.

Doing so has several benefits:

Improved Employee Well-Being

When employees can genuinely “clock out,” they have the space to recharge, which can reduce stress and improve mental health.

Higher Retention Rates

Employees appreciate companies that prioritize work-life balance. This consideration helps attract and retain top talent, especially as expectations around work culture evolve.

Increased Productivity

Employees who can disconnect after hours often experience less burnout and are more productive during working hours.

With remote work a modern norm, employers need to think outside the box for ways to make their setup more appealing. A disconnect policy could be the solution your company needs. It can also give you more leverage to attract quality employees to your brand.

What Can U.S. Employers Do Now?

If you’re an employer looking to support work-life balance while preparing for the possibility of right-to-disconnect laws, here are a few steps to consider:

Establish Clear After-Hours Communication Policies

Clarify when employees are expected to be available and when they aren’t. This can help prevent misunderstandings, especially if your team is spread across different time zones.

Respect Time Zones and Remote Work Arrangements

For remote teams, make it clear that after-hours responses are not expected unless truly necessary. That’s especially important if your team operates in multiple states.

Ensure Fair Compensation for Out-of-Hours Work

U.S. labor laws require non-exempt employees to be paid for all hours worked, including out-of-hours work. Review and update your tracking systems to ensure compliance with this requirement.

Create a Supportive Work Culture

A right-to-disconnect policy is only as effective as your work culture. Training managers to respect employee boundaries can go a long way toward setting the tone for a healthy work-life balance.

What Are Some Challenges of Implementing Disconnect Policies?

Not all industries have the flexibility to establish strict disconnection policies.

In fields that require 24/7 availability, such as healthcare or emergency services, defining “off-the-clock” time can be more complex. Additionally, certain roles — particularly those in senior management — often require flexibility outside regular working hours.

For such cases, disconnect policies may need to include specific guidelines around emergencies, shift coverage, and on-call arrangements. This can help employees understand the circumstances under which after-hours communication is necessary while respecting the intent of a disconnect policy.

What Is the Role of Technology in Disconnect Policies?

While right-to-disconnect laws center on communication, technology can help make these policies effective. For example, email scheduling tools can help team members delay messages until regular work hours, while automated responses can communicate availability limitations.

Mosey’s compliance management platform can further assist companies in staying aligned with employment law requirements. Our tools make it easy to stay up-to-date on employee regulations, monitor payroll compliance, and meet HR requirements across state lines.

What Is the Future of the Right To Disconnect in the United States?

Right-to-disconnect policies are likely to continue gaining attention among U.S. employers and lawmakers in the near future. For companies with distributed teams, this trend underscores the importance of establishing clear boundaries between work and personal life.

As remote work and teleworking become standard, employees expect their work environments to acknowledge the balance they need between their personal and professional responsibilities.

Forward-thinking companies are already preparing by developing new internal policies, defining clear expectations, and creating a work culture that values personal time. By showing your commitment to work-life balance, you can build a workplace that attracts and retains dedicated employees.

Stay on top of changing legislation.

How Else Can Mosey Help?

For businesses managing operations across multiple states, the right to disconnect is just one piece of the compliance puzzle. Mosey’s tools cover various needs, from employee handbooks to entity compliance, allowing businesses to handle all their compliance tasks from one place.

Here’s what we offer:

Payroll Compliance

Mosey provides automated registration for payroll compliance, allowing you to easily register for the right state and local accounts in all 50 states — yes, even Pennsylvania school districts. Integrate your payroll provider to sync always-up-to-date employee data. Use Mosey to detect new requirements when you hire another employee and monitor filing due dates to avoid penalties and fines.

HR Compliance

Additionally, Mosey can help your team stay on top of labor laws and HR compliance. In particular, Employee Handbooks enables your HR team to create a fully compliant, multi-state handbook in minutes. One-click automatic updates allow you to revise your policies when labor laws change, while our user-friendly portal makes it easy to keep your employees informed. Add custom policies or sections, and even request and track signatures from your team right in the platform.

Entity Compliance

Mosey automates essential compliance processes, such as foreign qualification, annual reports, and can be your registered agent. Keep your business in good standing with the Secretary of State and stay on top of changing legislation and filing deadlines. This feature is ideal for companies operating in multiple states that need a streamlined compliance approach.

Annual Reporting and Monitoring

Compliance is about staying current as new legislation is passed and updates are made to existing laws. Use Mosey’s compliance calendar and alerts for upcoming deadlines, new requirements applicable to your business, and changes impacting locations where you have employees–ensuring your business remains compliant across all areas.

Tax Nexus Identification

Expanding your workforce across state lines and growing your business can trigger new tax requirements. Mosey identifies your tax nexus and helps you stay on top of tax compliance. The platform flags new tax requirements based on employee locations, making sure you remain compliant even as your team grows. Know which tax accounts you need and when to file so you’re always up to date.

Ensure Compliance With Mosey

Whether you’re building an internal policy to align with right-to-disconnect principles or managing multi-state compliance, Mosey is designed to simplify complex requirements, allowing businesses to keep pace with changing workforce expectations and compliance standards.

If you want to witness firsthand how Mosey can streamline compliance for your team, let’s talk. You can book a demo to learn more about building a compliance strategy that works across payroll, HR, legal, and tax obligations.

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