Bill Text: CA AB2751 | 2023-2024 | Regular Session | Amended
Bill Title: Employer communications during nonworking hours.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-18 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 17). Re-referred to Com. on APPR. [AB2751 Detail]
Download: California-2023-AB2751-Amended.html
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2751
| Introduced by Assembly Member Haney |
February 15, 2024 |
An act to amend Section 7 of add Section 1198.2 to the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2751, as amended, Haney.
Employment. Employer communications during nonworking hours.
Existing law, including statutory provisions and orders of the Industrial Welfare Commission, as enforced by the Division of Labor Standards Enforcement, regulates the wages, hours, and working conditions of employees. Existing law makes it a crime for an employer to require or cause any employee to work for longer hours than those fixed or under conditions of labor prohibited by an order of the commission or to violate or refuse or neglect to comply with specified statutes on wages, hours, and working conditions or any order or ruling of the commission.
This bill would require a public or private employer to establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours, except as
specified. The bill would define the “right to disconnect” to mean that, except for an emergency or for scheduling, as defined, an employee has the right to ignore communications from the employer during nonworking hours. The bill would require nonworking hours to be established by written agreement between an employer and employee. The bill would authorize an employee to file a complaint of a pattern of violation of the bill’s provisions with the Labor Commissioner, punishable by a specified civil penalty.
Existing law permits the duties and administrative power granted to public officers under the Labor Code to be administered by authorized deputies.
This bill would make nonsubstantive changes to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1198.2 is added to the Labor Code, to read:1198.2.
(a) As used in this section:(1) “Emergency” means an unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage.
(2) “Employer” includes the state, political subdivisions of the state, and municipalities.
(3) “Nonworking hours”
means hours before and after an employee’s assigned hours of work, whether stated in their job description or stated otherwise.
(4) “Pattern of violation” means three or more documented instances of violating the right to disconnect.
(5) “Right to disconnect” means that, except as provided in subdivision (d), an employee has the right to ignore communications from the employer during nonworking hours.
(6) “Scheduling” means changes to a schedule within 24 hours.
(b) An employer shall establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours.
(c) Nonworking hours shall be established by written agreement
between an employer and employee.
(d) An employer may contact an employee during nonworking hours for an emergency or for scheduling.
(e) An employee may file a complaint of a pattern of violation of this section with the Labor Commissioner.
(f) A pattern of violation of this section shall not be punished as a misdemeanor pursuant to Section 1199. A pattern of violation of this section shall be punishable by a fine of not less than one hundred dollars ($100).
(g) This section does not apply to an employee who is covered by a valid collective bargaining agreement.
If by the provisions of this code, an administrative power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law.
