Sponsored by:
Assemblywoman HEATHER SIMMONS
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Establishes workplace policies on employees’ right to disconnect from work.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning employer policies on employees’ right to disconnect from work and supplementing P.L.1965, c.173 (C.34:11-4.1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Emergency” means an unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage.
“Employer” means the State and political subdivisions of the State and private employers.
“Nonworking hours” means hours before and after an employee’s assigned hours of work, whether stated in the employee’s job description or stated otherwise.
“Pattern of violation” means three or more documented instances of violating the right to disconnect.
“Right to disconnect” means, except as provided in subsection b., an employee has the right to ignore communications from the employer during nonworking hours.
“Scheduling” means changes to a schedule within 24 hours.
b. An employer shall establish a workplace policy that provides employees with the right to disconnect from communications from the employer during nonworking hours. Nonworking hours shall be established by written agreement between an employer and employee. An employer may contact an employee during nonworking hours for an emergency or for scheduling.
c. The policy shall not include any provision which reduces rights provided to workers pursuant to law, including, but not limited to, all rights to be compensated for work performed, including, but not limited to, rights provided by this act, P.L.1965, c.173 (C.34:11-4.1 et al), and P.L.1966, c.113 (C.34:11-56a et seq.), and all rights to take time off from work, including, but not limited to, rights provided by P.L.1989, c.261 (C.34:11B-1 et seq.), P.L.2013, c.82 (C.34:11C-1 et seq.), P.L.2018, c.10 (C.34:11D-1 et seq.), P.L.1948, c.110 (C.43:21-25 et seq.), and P.L.2008, c.17 (C.43:21-39.1 et al).
d. An employee may file a complaint concerning a pattern of violation of this section with the Commissioner of Labor and Workforce Development. When the commissioner finds that an employer has violated this act, the commissioner shall be authorized to assess a civil penalty of not less than $100. The penalty may be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
e. This section does not
apply to an employee who is covered by a valid collective bargaining agreement.
2. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill requires a public or private employer to establish a workplace policy that provides an employee the right to disconnect from communications from the employer during nonworking hours. The bill defines 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.
Further, the bill requires nonworking hours to be established by written agreement between an employer and employee. An employee may file a complaint of a pattern of violation with the Commissioner of Labor and Workforce Development. A pattern of violation is punishable by a fine of not less than $100.