California’s ‘Right to Disconnect’ Bill Is Not the Answer

Following in the footsteps of about a dozen countries around the world, California is considering enacting a “right to disconnect” law. As written, the bill would give people “the right to ignore communications from the employer during nonworking hours,” except for emergencies or scheduling. It would also authorize employees “to file a complaint of a pattern of violation,” and a penalty for businesses.

As chief people officer at Wellhub (formerly known as Gympass), I’m a major proponent of encouraging employees to have healthy lives outside of work. So I understand where the support for this kind of measure comes from. But I also know that it’s not the solution, and could even cause problems that it’s meant to solve.

To the extent possible given the type of work, businesses should maximize flexibility for staff. Overseeing a remote and global workforce, I encourage team members to get their work done wherever and whenever works best for them, aside from meetings that they know they’ll need to participate in live. I’ve found consistently that giving them this freedom leads them to become more satisfied, engaged, and committed to staying with the company.

It also means that they can take part in physical activities and other wellness-boosting activities at hours that work best for them. As our report The State of Work-Life Wellness 2024 showed, greater employee well-being is proven to increase productivity, decrease health care costs, and deliver talent management savings.

To emphasize the importance of flexibility, I include this line in my email signature: “I am sending this email at a time that is convenient for me. Please read and respond at a time that is convenient for you and that fosters wellbeing and balance for you.”

Ironically, the California bill could make it tougher for employers to provide this kind of flexibility. The bill says it “would require nonworking hours to be established by written agreement between an employer and employee.” So suddenly, a business like mine might have to create a schedule rather than allowing the employee to figure out what’s best for them on any given day. Life can be tumultuous, and schedules change—whether due to caregiving responsibilities, unexpected emergencies, or…