By: Stephen Scott//April 4, 2024//
By: Stephen Scott//April 4, 2024//
You’re out of town on a work trip. You have already seen “Dune: Part 2” and have nothing better to do than check your emails after dinner. You click the mail icon and see a work emergency pop up. While you need help preparing for a hectic morning, your team is unreachable due to “do not disturb” mode until 8:30 a.m. Is this a nightmare or a sign of a healthy workplace with strong boundaries? Welcome to the era of the right to disconnect. Where does your organization stand?
Outlined below is: 1, the origin of these policies; 2, considerations; and 3, implementation tips.
Origins of the right to disconnect
It’s one thing to tell workers it’s OK for them to unplug after hours, but it’s another to enshrine a guarantee into policies and say they can’t face negative repercussions from management for unplugging. The “right to disconnect” movement stems from the pursuit of the guarantee that workers can go home and spend time disconnected from work. It provides concrete protections to employees who wish to unplug from their employers during nonworking hours. The key, essentially, is providing express freedom to employees who wish to ignore work-related calls, emails, texts, or other messages after working hours or when they’re not at their proverbial desk.
While there are no states, cities, or other local jurisdictions that have passed a Right-to-Disconnect law in the United States (other countries such as France and Germany have), a few have taken a shot: New York, California, and Washington. This list is not a rag-tag group of states pushing forward this policy. Those states are typically at the forefront of new employment law protections. Typically, I joke that I am Nostradamus (or Miss Cleo for the infomercial crowd) when it comes to new employment laws Oregon may try to create. But the secret is that I just look to Washington, New York, and California to identify the current trends. This is a long way to say that employers in Oregon should begin to consider how they feel about these do-not-disturb polices.
Considerations related to the right to disconnect
Here are five things to consider before implementing a do-not-disturb policy:
Implementation
If you’ve gotten this far and want to consider implementation, here are six points to consider:
In conclusion, much like the arid, challenging landscapes of “Dune” that require careful navigation and respect for its unique ecosystem, implementing a do-not-disturb policy in the workplace demands a nuanced understanding and adherence to legal and organizational frameworks. Just as Paul Atreides consults with his mentors and navigates the complex politics of Arrakis, employers should seek guidance from legal experts to ensure their policies harmonize with existing laws and company culture. This careful preparation and consultation ensure that the policy, much like a well-planned journey across the dunes, will be successful and sustainable.
Stephen Scott is a partner in the Portland office of Fisher Phillips, a national firm dedicated to representing employers’ interests in all aspects of workplace law. Contact him at 503-205-8094 or [email protected].
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