San Francisco lawmaker seeks to ban bosses calling staff after hours - and they could be FINED if they break rule three times

A San Francisco Lawmaker is seeking to ban bosses calling staff after hours with new legislation that could fine them if they break the rules three times.  

Matt Haney, a Democrat representing San Francisco, has introduced a proposal aiming to address the issue of constant work-related communication outside of regular hours.

If passed, it would make California the first state in the country to give employees the right to hit their bosses with 'do not disturb.' 

Inspired by Australia's upcoming 'right to disconnect' law, Haney's legislation would grant California employees the legal right to ignore calls, emails, and texts from their bosses after hours.

'People now find themselves always on and never off,' Haney told the New York Times. 'There's an availability creep that has reached into many people's lives, and I think it's not a positive thing for people's happiness, for their well-being, or even for work productivity.' 

Matt Haney, a Democrat representing San Francisco, has introduced a proposal aiming to address the issue of constant work-related communication outside of regular hours

Inspired by Australia's upcoming 'right to disconnect' law, Haney's legislation would grant California employees the legal right to ignore calls, emails, and texts from their bosses after hours

If passed, it would make California the first state in the country to give employees the right to hit their bosses with 'do not disturb'

Haney highlighted the challenges posed by remote work, which were worsened by the COVID-19 pandemic - blurring the boundaries between work and personal time.

He emphasized the negative impact of this 'availability creep' on individuals' well-being and productivity.

While California already boasts generous labor rights compared to many other states, including a higher minimum wage and extensive protections for workers, Haney's bill seeks to codify employees' right to disconnect.

Under the proposed legislation, employers would be required to establish policies allowing workers to ignore off-hour communications, except in emergencies or for imminent scheduling changes.

'This is not intended to say people can't work long hours or have an agreement for a contract where they're on call, but it should be made clear,' Haney said to the New York Times. 'The problem we have now is the gray area, where an employee is expected to respond all the time when on paper they work a 9-to-5 job.' 

Employers and employees would need to define work hours through written agreements. 

If an employer violates this agreement repeatedly, employees could report the matter to the state's labor commissioner, potentially resulting in fines starting at $100.

However, the proposal acknowledges collective bargaining agreements, ensuring that unionized workers are governed by the terms outlined in their contracts regarding off-hour communication.

Rodney Fong, head of the San Francisco Chamber of Commerce, said many employees have already achieved a better work-life balance, through remote work arrangements.

He emphasized the importance of personal boundaries and suggested that employees utilize features like the 'do-not-disturb' setting on their phones to manage after-hours communication.

'There is a do-not-disturb feature on most phones,' Fong told the New York Times. 'Just because it rings doesn't mean you have to pick it up.'

Haney's bill is expected to undergo consideration by a legislative committee this spring.

Earlier this month, Senator Bernie Sanders introduced a four day workweek bill. The 'Thirty-Two Hour Work Week Act' would reduce the standard workweek from 40 to 32 hours without a loss of pay

Earlier this month, Senator Bernie Sanders introduced a four day workweek bill.

The Vermont progressive - and self-declared 'Democratic Socialist' - toted his 'Thirty-Two Hour Work Week Act' during a Senate Health, Education, Labor, and Pensions (HELP) Committee hearing.

His plan would reduce the standard workweek from 40 to 32 hours without a loss of pay for employees. The bill would also lower the maximum amount of hours required for overtime payment for nonexempt employees. 

Sanders has said the bill 'is not a radical idea,' but the top Republican on the HELP committee, Sen. Bill Cassidy, R-La., is warning workers will be the real losers if it is enacted.

'The government mandating a 32-hour workweek requiring businesses to increase pay at least an extra 25 percent per hour would, frankly, destroy some employers,' Cassidy said at the Thursday hearing.

'If this policy is implemented it would threaten millions of small businesses operating on a razor thin margin because they are unable to find enough workers.'

'It's free money, if you will. No loss in pay, but you work a lot less.'

Cassidy said the proposal 'would be napalm upon the fire of inflation.'

The bill also has provisions that would require overtime pay, time and a half, to be paid out for employees that work more than eight hours in a day.

The top Republican on the Senate HELP Committee, Sen. Bill Cassidy, R-La., said the measure could threaten millions of small businesses, forcing them to pay more for less

It also mandates that workers get awarded double their normal pay if they work over 12 hours in a day.

Still, Sanders argues that workers today are more efficient than they were in 1940, when the 40 hour standard workweek was set.

'Today, American workers are over 400 percent more productive than they were in the 1940s,' Sanders said in a press release announcing the bill.

'And yet, millions of Americans are working longer hours for lower wages than they were decades ago.'

'It is time to reduce the stress level in our country and allow Americans to enjoy a better quality of life.'