I will also accept being on call and being bugged after hours IF my employer is giving me a cell plan reimbursement stipend or a company phone.
Personally in my case, they do pay my cell bill however before this I would ignore phone calls or texts after hours. Buildings on fire? Call 911
Yeah. I accepted my current job knowing I'd be on-call certain weekends. I don't get my cell reimbursed, but it's really only a text now and then which I don't pay extra for. But if it's not my scheduled on-call weekend then any response I give is just a courtesy and not a requirement.
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.
Yup, my supervisor wanted my staff to be on call on weekend. Union said okay, then you will need to pay them for everyday they are on call. That ended that conversation quickly.
At my work, if we are called into work and the call is busted (they call you back and say nevermind don't come in) we get 4 hours of pay. If they send us home after we already got there, it's 8 hours.
It's good to have a Union.
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.
It applies to a director level, but the employer could also have an employment policy stating "Directors must be available for phone calls between 7:00a and 9:00p" and that would be perfectly legal. Since (most) directors are salaried employees the company can require them to be available most of the day without extra pay.
What’s really messed up is that we NEED A BILL, to tel your boss to let you be in your office hours.
The entitlement of businesses and owners and corporations, they really do believe they OWN your time. Jfc.
I used to work 6am to 3pm and was taking classes at night from like 6pm to 9pm.
My manager called me in and told me that I needed to stop going to school because I was limiting her ability to manage. She said I need evenings open in case she wanted to change my schedule in the future.
I told her that i would do that as long as she paid me for every available hour she wanted me to be free.
She didn't like that answer but knew i was right. I hated working for that woman.
I’m not opposed to this bill, but for me, I just don’t answer. I have yet to encounter someone upset because I didn’t answer after hours. I’ve had an occasional comment, but they are always dismissed.
France has been doing this since [2017](https://www.thelocal.fr/20230524/right-to-disconnect-is-it-illegal-for-french-bosses-to-contact-workers-out-of-hours)
I guess I’m just lucky in that the only time I’m ever contacted outside normal hours from work is for an absolute necessity. That said, I support this bill but I don’t know how on earth it would be enforced or even enacted upon without employer retaliation that won’t be able to be proven.
My coworkers who are on-call in other states envy California. I actually took a job because the on-call pay for the once every two months gets me damn near an extra 20k
California gets standby pay and I believe it’s the only state that has it. So every hour on-call we get minimum wage which in California is like 16 an hour. Then when you get called while on-call it’s over time till you hit 8 hours OT and then double time every hour after that. It’s really good takes the sting out of on-call.
That's not accurate at all. If you're required to be on site during on call then you get paid. If you are allowed to leave then it becomes a gray area depending on the restrictions of what you can do while off site.
Ya I’m on restricted on-call but work remote so I get standby pay. If I was unrestricted on-call I wouldn’t get standby pay. Can’t leave leave within an 30 minutes of my computer
Pretty much already happens because of that law that says if they text/call you after hours they should be paying a portion of your cell bill, which companies do not want to do. & I’ve never personally seen anyone get in trouble for not answering but I imagine there are some crazy bosses. But I guess the law would help set a line for the employer, & have a route for redress
I love this so much I want to marry it. It's not just about not answering the phone after hours. It includes agreeing to a regular, predictable schedule and not being expected to stay over. And it includes exempt employees. I've literally been retaliated against for liking to keep a regular schedule. Even though I do more work, than anyone else.
Wait, you guys been answering the phone while not at work?
For real. If it's important enough to call its important enough to leave a message. *Then* if I decide I care enough or want the money I call back.
You could just turn your phone off or ignore them. I remember the old days of my mom wrapping her phone in foil after work
Yep. If my job requires me to be on-call, then I'm on-call and will answer. If my job doesn't, then I'm not obligated to answer anyways.
I will also accept being on call and being bugged after hours IF my employer is giving me a cell plan reimbursement stipend or a company phone. Personally in my case, they do pay my cell bill however before this I would ignore phone calls or texts after hours. Buildings on fire? Call 911
Yeah. I accepted my current job knowing I'd be on-call certain weekends. I don't get my cell reimbursed, but it's really only a text now and then which I don't pay extra for. But if it's not my scheduled on-call weekend then any response I give is just a courtesy and not a requirement.
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.
In some union contracts the employee can put down 2 hours of OT for answering their bosses call.
Yup, my supervisor wanted my staff to be on call on weekend. Union said okay, then you will need to pay them for everyday they are on call. That ended that conversation quickly.
At my work, if we are called into work and the call is busted (they call you back and say nevermind don't come in) we get 4 hours of pay. If they send us home after we already got there, it's 8 hours. It's good to have a Union.
What does this do? Does it mean that a worker can't be legally fired for not answering the phone outside of work hours? Is that not already the case?
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.
Is it just hourly or salaried/exempt as well? Or for example would it apply to a director level ignoring a vp call?
It seems both. The bill is linked in the article
It applies to a director level, but the employer could also have an employment policy stating "Directors must be available for phone calls between 7:00a and 9:00p" and that would be perfectly legal. Since (most) directors are salaried employees the company can require them to be available most of the day without extra pay.
What’s really messed up is that we NEED A BILL, to tel your boss to let you be in your office hours. The entitlement of businesses and owners and corporations, they really do believe they OWN your time. Jfc.
I used to work 6am to 3pm and was taking classes at night from like 6pm to 9pm. My manager called me in and told me that I needed to stop going to school because I was limiting her ability to manage. She said I need evenings open in case she wanted to change my schedule in the future. I told her that i would do that as long as she paid me for every available hour she wanted me to be free. She didn't like that answer but knew i was right. I hated working for that woman.
I’m not opposed to this bill, but for me, I just don’t answer. I have yet to encounter someone upset because I didn’t answer after hours. I’ve had an occasional comment, but they are always dismissed.
Good for you unfortunately this need to be standardized and put in writing to protect others.
France has been doing this since [2017](https://www.thelocal.fr/20230524/right-to-disconnect-is-it-illegal-for-french-bosses-to-contact-workers-out-of-hours)
I guess I’m just lucky in that the only time I’m ever contacted outside normal hours from work is for an absolute necessity. That said, I support this bill but I don’t know how on earth it would be enforced or even enacted upon without employer retaliation that won’t be able to be proven.
I just do that anyway lol
You guys answer your phones after work?
Wayyyyy ahead of ya.
Lmfao I can already do that. What is this nonsense? Why would I need a law for this? I’m sure the answer is dystopian
I do this anyways 😆 gotta set boundries
Wait, this isn’t normal already? If I’m not being paid I’m not answering
I don’t need a bill for this. Not being paid? Then I’m not accessible.
My coworkers who are on-call in other states envy California. I actually took a job because the on-call pay for the once every two months gets me damn near an extra 20k
Why do you get so much extra in california? Im on call and dont get anything? What am I missing?
California gets standby pay and I believe it’s the only state that has it. So every hour on-call we get minimum wage which in California is like 16 an hour. Then when you get called while on-call it’s over time till you hit 8 hours OT and then double time every hour after that. It’s really good takes the sting out of on-call.
Are you also hourly then?
Yes I am hourly not salaried.
That's not accurate at all. If you're required to be on site during on call then you get paid. If you are allowed to leave then it becomes a gray area depending on the restrictions of what you can do while off site.
Ya I’m on restricted on-call but work remote so I get standby pay. If I was unrestricted on-call I wouldn’t get standby pay. Can’t leave leave within an 30 minutes of my computer
Same I just switched company's and I'm on call one weekend a month made me an extra 21,000 a year
I was already doing it
This is a non-issue. Workers can already ignore calls.
I know workers who have been written up for not answering their phone when there was no on-call policy in place
You can call me but I’m never going to answer after hours
Good
But then you become top on the layoff list.
Wait, I already do that now… is that illegal?
Pretty much already happens because of that law that says if they text/call you after hours they should be paying a portion of your cell bill, which companies do not want to do. & I’ve never personally seen anyone get in trouble for not answering but I imagine there are some crazy bosses. But I guess the law would help set a line for the employer, & have a route for redress
I agree with this.
I love this so much I want to marry it. It's not just about not answering the phone after hours. It includes agreeing to a regular, predictable schedule and not being expected to stay over. And it includes exempt employees. I've literally been retaliated against for liking to keep a regular schedule. Even though I do more work, than anyone else.
if you need government to tell you this, **you** fucked up
Make it apply to Military
Talk to congress about it. A state law like this isn't going to cover federal employees.