States Continue to Debate Right-to-Disconnect Legislation

Now that several countries have approved right-to-disconnect legislation, state lawmakers around the U.S. are floating similar legislation. If passed, this legislation would require employers to establish a workplace policy that provides employees with the right to disconnect from communications from their employer during nonworking hours.

Most recently, lawmakers in Kentucky, Maryland, and Vermont have introduced right-to- disconnect legislation. A Maryland House of Delegates committee was scheduled to hold a hearing in February on its version. SHRM and the Maryland SHRM State Council were prepared to testify against this legislation. However, the committee removed the bill from consideration before the hearing was held.

SHRM strongly opposes right-to-disconnect legislation because the one-size-fits-all approach limits the autonomy that employers and HR professionals need to establish effective workplace cultures. A workable solution to this issue requires a collaborative approach that promotes a focus on clear communication and encourages employers to set transparent expectations for after-hours work at the outset of employment and for specific projects. Instead, SHRM urges policymakers to focus on targeted efforts that enhance workers’ livelihoods and enable businesses to thrive. These include initiatives such as greater flexibility and total rewards policies (i.e., the monetary and nonmonetary incentives an employee earns) that acknowledge all work performed, benefiting employees without stifling innovation and productivity.