Councilmember Wants to Give Employees “Right to Disconnect” From Employers

Is your employer calling you up after hours? Has the work/life balance disappeared in the face of texts, Facebook messages, emails and Slack notifications? Feeling constantly connected to work—and beholden to employers—is a big problem for plenty of residents trying to get a little R&R in the city that never sleeps.

However, Councilmember Rafael Espinal is working to change the constantly-connected culture a bit with his latest bill, “The Right to Disconnect.” Intro 726 would make it illegal for employers to require their employees to check work-related communications outside of their normal working hours.

The act wouldn’t prevent employers from reaching out to employees during these times, nor would it bar employees from undertaking the extra work voluntarily, but it would help protect employees from reprisal if they choose to ignore the office after-hours.

“After leaving the office, many of us are glued to our phones refreshing our Instagram feeds, but often times we are also keeping up with our work and bosses. While technology has increased access to people and ideas, it’s also made it possible for employees to be on-call 24/7,” said Espinal in a statement.

“We need to establish clear boundaries for employees so they can maintain a healthy work-life balance and live without fear of retaliation for not answering work communications after work hours. The right to disconnect has proven effective in other countries and it is time NYC take this protective step to protect worker’s rights.”

Under the proposed legislation, the Department of Consumer Affairs would be responsible for enforcing the law, with the authority to investigate complaints and level fines. Employers would also be responsible for drafting a policy that would inform employees of their rights.

According to Espinal’s office, similar laws have been instituted in France, Germany, Italy and the Philippines, but New York City would be the first in the United States to make such a distinction.