N.J.: The right to disconnect from work?

The New Jersey state Legislature returned from summer break earlier this month, and legislators have wasted no time introducing legislation that could impact workers across the state.  

Introduced in the New Jersey Assembly on Sept. 23, 2024, A-4852, would establish an employee’s “right to disconnect” from work-related communications outside of regular working hours. Sponsored by Assemblywoman Heather Simmons, D-3, this bill would support work-life balance for employees in both the public and private sectors by addressing workplace policies regarding after-hours communication.

What is the right to disconnect?

The bill introduces the concept of a right to disconnect, which means that employees should be free to ignore work-related communications, such as emails, phone calls or messages, during nonworking hours. These nonworking hours are defined as the time before and after an employee’s assigned working hours, and are determined through a written agreement between the employer and the employee.

Duty to connect?

The bill acknowledges certain situations in which after-hours communication still may be necessary. Specifically, an employer would be allowed to contact an employee during nonworking hours in the case of:

An emergency: Situations that pose a threat to an employee, customer, the public, disrupt operations or cause physical or environmental damage.

Scheduling: This includes changes to employees’ schedules within 24 hours of their shift.

Employer requirements

The bill mandates that all employers—whether public or private—establish a workplace policy to enforce the right to disconnect. This policy should outline specific nonworking hours during which employees are not expected to respond to work communications.

Importantly, this provision does not reduce any existing employee rights under New Jersey labor laws. Employees retain their right to be compensated for all work performed and to take any legally provided time off.

Disconnection police

To ensure compliance, the bill would provide a mechanism for employees to report violations. If employees believe there is a pattern of violation—defined as three or more documented incidents in which the right to disconnect has been breached—they can file a complaint with the New Jersey Commissioner of Labor and Workforce Development.

Employers found in violation of the law could face a civil penalty of at least $100.

Disconnect the French way

In the United States, the concept of a right to disconnect is relatively new and has not yet been widely adopted at state or federal level. However, the concept of the right to disconnect is not unique to New Jersey. Governments around the world are recognizing the need to address the boundary between work and personal time due to advancements in technology that make employees accessible around the clock.

Those familiar with international employment law will not be surprised to learn that France often is credited with leading the way when it comes to implementing a legal right to disconnect.

Since 2017, French labor law has required companies with more than 50 employees to establish guidelines to limit work-related communications outside regular working hours. This law protect employees from burnout and overwork by encouraging employers to negotiate policies that prevent after-hours contact, unless necessary. The right to disconnect initiative has influenced other European countries including Spain, Portugal and Italy.