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SHRM ADVOCACY ALERT

Urge NJ State Legislators to Oppose Right to Disconnect Legislation (NJ Residents Only)

SHRM and the Garden State Council-SHRM (GSC-SHRM) need your help to defeat New Jersey State Assembly Bill 4852. This well-intentioned but misguided piece of legislation would mandate both public and private employers to establish workplace policies that would prohibit them from contacting employees outside of working hours – known as the “Right to Disconnect”. 

We recognize the need for clear expectations regarding when and how work gets done, but our experience shows that blanket approaches to challenges in the workplace fail to deliver the expected results and often harm those they are designed to help. While the intention of this bill to set work-life boundaries may be well-meaning, the one-size-fits-all approach it takes would limit the autonomy employers and HR professionals need to establish effective workplace cultures. 

We encourage you to send a letter to your New Jersey assemblymember and the sponsor of this legislation, expressing your concerns about AB 4852 and instead work collaboratively with SHRM and GSC-SHRM on solutions that preserve your ability to manage your workplace effectively.

SHRM and GSC-SHRM oppose AB 4852 for the following reasons: 

  • Compliance Uncertainty: The bill lacks clear definitions for key terms like “emergency” and “scheduling matters.” This ambiguity could lead to inconsistent enforcement and numerous legal challenges. 

  • Sector and Role Sensitivity: This legislation does not adequately recognize the different realities of various industries and roles. For example, what constitutes an emergency can vary greatly between a tech startup and a health care provider — making a blanket approach even more unworkable. 

  • Operational Agility: Restricting all after-hours communication could hinder critical work processes and delay critical business decisions. This could negatively impact businesses’ ability to serve their customers and respond to changing conditions. 

  • Work Hours Flexibility: This legislation unreasonably restricts the occasional overtime necessitated by the natural flow of work. Employers should be allowed to manage work hours in response to operational demands. 

  • Administrative Considerations: AB 4852 could create a significant administrative burden for HR professionals and employers, diverting resources from strategic functions to compliance tasks and reducing overall business efficiency and economic competitiveness. 

  • International Competitiveness: In today’s global market, the ability to communicate across time zones is crucial for many businesses. AB 4852 would place U.S. companies at a disadvantage compared to competitors in markets without such restrictions. 

Your voice is critical in amplifying the concerns of HR professionals on this important workplace issue. Stay tuned for further policy updates about AB 4852. 

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