This bill mandates that employers, both public and private, establish a workplace policy that grants employees the right to disconnect from employer communications during nonworking hours. The right to disconnect is defined as the ability for employees to ignore communications from their employer outside of their designated working hours, except in cases of emergencies or scheduling changes. Nonworking hours must be determined through a written agreement between the employer and employee.
Additionally, the bill allows employees to file complaints regarding patterns of violations of this right with the Commissioner of Labor and Workforce Development. A pattern of violation is defined as three or more documented instances of disregarding the right to disconnect, and such violations can result in a civil penalty of no less than $100. The legislation also clarifies that it does not apply to employees covered by a valid collective bargaining agreement and ensures that the policy does not diminish any existing worker rights.