Among other lifestyle friendly practices, France has enshrined the right to not have fun at work. Swedes enjoy fika at work–a leisurely coffee break where workers gather each day, often codified in company policy or contracts. Of course the European vacation practice is the envy of many Americans. Americans are known for their long work hours, relentless meeting schedules and after work emails and texts. But maybe not for long?
With the rise of remote work–and the rapid transition to working at home forced by the pandemic–the work/life lines became more porous. Now, many people want to reclaim their time outside of work and better define their work time. The Right to Disconnect is a growing movement in the United States that represents this trend. But is there an actual legal right to disconnect?
Short answer: no. Certainly, for hourly employees, the wage and hour laws demand that all work time be paid, including answering emails at night. (Many of you may recall the whopper of a figure Oprah had to pay to her assistant for being on-call 24/7 for her needs.) For salaried employees, there is no law to protect them from after hour communication. While not a legal issue, the Right to Disconnect is cultural and an important one to address in any workplace. To prevent burn out, and to help in hiring and retention, putting boundaries on work time is a good idea. So the next time you go to send an email at midnight, schedule it for 9 am instead. Let your managers know that your organization honors time off–and the Right to Disconnect.
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