California’s pro-employee employment regulations are often compared to those of the European Union. Recently, the California legislature borrowed another European idea for a proposed bill, “the right to disconnect from work.”

Assembly Bill (AB) 2751 would mandate that employers establish policies that allow employees to disconnect from employment communications during non-working hours.

Under the proposed law, employers would not be permitted to contact the employees outside of working hours except in the event of an “emergency” or “scheduling.”

Under the bill, an emergency is defined as “an unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage.”

Employees could file complaints with the California Labor Commissioner for alleged violations, and a pattern of violations would be punishable as a misdemeanor and a fine of not less than $100.00.

In its current form, the bill does not apply to employees covered by a valid collective bargaining agreement.

AB 2751 is still in the committee stages of the legislative process with this year’s legislative session ending on August 31, 2024.

Jackson Lewis will continue to track this and other legislation that affects employers in the Golden State. If you have questions about AB 2751 or related issues, contact a Jackson Lewis attorney to discuss.

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Photo of Susan E. Groff Susan E. Groff

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary…

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary issues.

Susan counsels management on a host of labor and employment issues, including wage and hour laws, disability and leave management, harassment and discrimination complaints, workplace investigations, reductions in force, litigation avoidance, and discipline and termination questions.

Due to California’s nuanced and numerous disability and leave requirements, Susan dedicates much of her practice to advising employers on federal and California requirements for disability accommodation and protected leaves of absence. Importantly, she partners with employers not only on these technical disability and leave laws, but also on practical solutions in handling the same.

Susan also provides guidance to employers on California’s challenging wage and hour laws. In addition to day to day advice, she assists with employer audits, compensation plan reviews, and policies in this area.

Photo of Cecilie E. Read Cecilie E. Read

Cecilie E. Read is the knowledge management (“KM”) attorney for Jackson Lewis P.C.’s California practice and Privacy, Data and Cybersecurity group, and is based in the Los Angeles, California, office of Jackson Lewis P.C. She uses her expansive understanding of the complexities of…

Cecilie E. Read is the knowledge management (“KM”) attorney for Jackson Lewis P.C.’s California practice and Privacy, Data and Cybersecurity group, and is based in the Los Angeles, California, office of Jackson Lewis P.C. She uses her expansive understanding of the complexities of employment law to ensure all Jackson Lewis attorneys are consistently ahead of the curve and working efficiently to serve clients.