Right to Disconnect: Laws, Benefits & Best Practices (2026 Guide)

9:47 PM. Your phone buzzes. It’s your boss asking about tomorrow’s meeting. You’re off the clock—but afraid not to respond.

France, Spain, Portugal, Belgium, and others made this illegal. In the U.S., no states have enacted such laws yet, though California and New York have considered legislation. Even without laws, those after-hours texts create serious legal exposure: non-exempt employees who respond are working, and you owe them wages.

How Do After-Hours Texts Create FLSA Overtime Problems?

⚠️ IMPORTANT: No U.S. Right to Disconnect Laws
As of 2026, ZERO U.S. states have enacted right-to-disconnect laws. California’s AB 2751 died in committee in 2024. New York’s proposals haven’t passed. While many European countries have strong protections, U.S. workers lack statutory right-to-disconnect protections. This article focuses on FLSA compliance requirements (which ARE enforceable) and voluntary best practices—not legally mandated disconnect rights.

Every text, email, or call a non-exempt employee responds to outside working hours is compensable work time—even if it takes 30 seconds.

Example: Your delivery driver finishes at 5 PM. At 7 PM, you text about tomorrow’s route. They respond. At 9 PM, another text. Another response. Those responses are work time. If they were near 40 hours, you just triggered unreported overtime.

Under FLSA, work time includes reading work emails, responding to texts, reviewing schedules—any work-related activity. Even if it took a minute, even if you didn’t ask for a response, even if they volunteered.

Penalties:

Back pay for all untracked after-hours work (2-3 years)
Overtime premiums if they exceeded 40 hours
Liquidated damages (often double the back pay)
Attorney’s fees and class action risk
Real cases: $5.3M (delivery company), $2.1M (retail chain), $850K (restaurant group)

How to comply:

Ban after-hours contact with non-exempt employees (emergencies only—and pay for it)
Require employees to clock in before any after-hours communication
Make employees exempt (if they meet salary and duty tests)

⚠️ “But They Want to Help!”
Employee willingness doesn’t eliminate your FLSA obligation. If a non-exempt worker reads your text—even voluntarily—it’s work time you must compensate.

What Employees Can Do Right Now

You don’t need a law to set boundaries. Here’s what you can do Monday:

1. Set auto-replies on email and Slack:

Email (after 6 PM and weekends): “I’m currently off the clock and will respond when I return to work on [DATE/TIME]. If urgent, contact [MANAGER] at [NUMBER].”

Slack: “Off duty until [TIME]. DM responses delayed.”

Creates a paper trail. If later disciplined, you have evidence of retaliation.

2. Turn off work notifications outside your shift:

iPhone: Schedule “Focus” modes silencing work apps
Android: Use “Do Not Disturb” schedules
Slack/Teams: Set working hours in app settings
Email: Disable push notifications

3. Respond only during work hours. Got a non-urgent text at 9 PM? Respond at 9 AM: “I saw this after hours. Here’s the information: [RESPONSE].”

4. Define “emergency” in writing. Email your manager:

“To ensure I’m responsive when it matters, can we clarify what constitutes an after-hours emergency? I’m thinking: [LIST TRUE EMERGENCIES]. For everything else, I’ll respond during my next shift.”

True emergencies: Safety issues, system outages affecting customers, legal deadlines, natural disasters.

Not emergencies: Schedule questions, routine updates, non-urgent matters.

5. Document retaliation. If disciplined for boundaries, save: disciplinary notice, boundary-setting evidence, similar situations where others weren’t disciplined, “not a team player” comments.

6. Know your state’s laws. While no U.S. states have enacted right to disconnect laws yet, California proposed AB 2751 (died in committee 2024), and New York legislation is pending. Even in at-will states, courts increasingly recognize firing for reasonable boundaries may violate public policy.

7. Negotiate in offer letters:

“Employee will not be required to respond to work communications outside scheduled hours except genuine emergencies as defined by [POLICY]. Off-hours availability, if required, will be compensated.”

How Do You Implement a Disconnect Policy?

Even without legal requirement, here’s how to implement a policy Monday:

Step 1: Draft a one-page policy (15 minutes)

[COMPANY NAME] RIGHT TO DISCONNECT POLICY
Working Hours: Employees’ working hours are defined by their schedules.
After-Hours Communication: Employees are not required to respond to work communications outside scheduled hours.
Emergencies: Defined as immediate safety risks, system outages affecting operations, legal deadlines. Managers will use “EMERGENCY” in subject line. Other matters wait until business hours.
No Retaliation: Employees will not be disciplined or disadvantaged for exercising disconnect rights.
Manager Responsibilities: Plan work within normal hours. Use delayed-send features for after-hours composition.

Step 2: Add delayed-send to manager emails (10 minutes)

Gmail: Compose → dropdown next to “Send” → “Schedule send” → “Tomorrow morning” Outlook: Options → Delay Delivery → Set 8 AM next business day

Step 3: Configure work apps (20 minutes)

Slack: Settings → Notifications → “Notification schedule” → Set hours (8 AM-6 PM) Teams: Settings → Notifications → “Quiet time” → Schedule silence periods

Step 4: Train managers (1 hour)

Why: reduce burnout, avoid FLSA violations, improve retention
What changes: no after-hours expectations, use delayed send, define emergencies narrowly
How to plan: assign tasks with realistic deadlines during work hours

Step 5: Audit monthly (15 minutes)

Check: managers sending non-emergency after-hours emails, employees reporting pressure, anyone disadvantaged for disconnecting. Fix violations immediately.

💰 ROI of Disconnect Policies
Costs: 2 hours implementation, zero technology costs
Savings: Avoid FLSA class actions ($500K-$5M), reduce turnover 15-30% (replacing an employee costs 50-150% of salary), decrease burnout absenteeism (5-8 fewer sick days/year), improve productivity 20%
Payback: Immediate

What Is the Right to Disconnect?

The right to disconnect is the legal or policy-based right of employees to disconnect from work communications—emails, calls, messages—outside regular working hours without facing retaliation.

💡 Quick Answer
The right to disconnect allows employees to ignore work communications outside scheduled hours without penalty. Laws vary—some countries mandate it, some U.S. states have protections, many employers adopt voluntary policies.

📊 The Always-On Problem
54% of employees check work messages outside hours weekly (APA)
50% of remote workers report difficulty disconnecting
Constant availability reduces productivity rather than improving it

Why Does the Right to Disconnect Matter?

1. Prevents burnout

54% of employees check messages outside hours weekly
Inability to detach causes chronic stress and sleep disruption
Disconnect policies improve wellbeing and reduce sick leave

2. Avoids FLSA violations

After-hours texts create compensable work time
Class action exposure when affecting multiple employees
Recent settlements: $5.3M (delivery), $2.1M (retail), $850K (restaurant)

3. Improves productivity

Well-rested employees are 20% more productive
Constant interruptions reduce deep work
Full disconnect improves problem-solving and creativity

4. Retains talent

Work-life balance is #1 priority for younger workers
Disconnect policies report 15-30% better retention
Replacing an employee costs 50-150% of salary

What Are the Global Right to Disconnect Laws?

Countries with laws:

France (2017): Companies with 50+ employees must negotiate disconnect policies. Employees cannot be penalized for ignoring after-hours communications.

Spain (2018): Right to digital disconnection outside working hours. Employers must establish internal policies. Remote workers have explicit protections.

Italy (2017): Applies to remote workers. Employers must specify disconnect hours. Protects workers from sanctions.

Portugal (2021): Employers cannot contact employees outside hours except emergencies. Fines for violations.

Belgium (2022): Companies with 20+ employees. Employees can ignore communications outside contracted hours.

Ireland (2021): Code of Practice (enforceable standard). Employees cannot be penalized for not responding.

Others: Argentina, Philippines, Slovakia have similar protections.

EU developments: Parliament called for EU-wide law in 2021. No binding legislation yet, but momentum building.

What Are the U.S. Right to Disconnect Laws?

Federal: No law exists. However, non-exempt employees must be compensated for all time worked, including after-hours communications, creating de facto disconnect incentives.

California: Proposed AB 2751 in 2024 but it died in committee without passing. The bill would have required employers with 50+ employees to establish written disconnect policies. As of 2026, no state law exists.

New York: Proposed legislation (not passed as of early 2026). Would allow disconnect from electronic communications outside hours. Strong support; passage uncertain.

Others considering: Massachusetts, Washington, Oregon have introduced similar proposals but none have been enacted.

Who Is Protected by Right to Disconnect Laws?

Generally includes: Full-time, part-time, remote, and hybrid workers covered by collective bargaining agreements.

May exclude: Independent contractors, certain exempt executives with emergency duties, on-call positions where after-hours availability is essential.

Industry exemptions vary by law: Emergency services, critical infrastructure, genuine on-call positions (with compensation), senior executives with fiduciary duties. Most laws allow exceptions for true emergencies but not routine work.

What Are Employer Obligations Under Right to Disconnect?

1. Create written policy including: working hours definition, explicit disconnect statement, narrow emergency definition, non-retaliation guarantee, manager responsibilities. Put it in handbooks, onboarding materials, manager training.

2. Train managers. 90% of after-hours contact comes from supervisors. Train them: don’t send non-urgent messages after hours, plan work within normal hours, define emergencies narrowly, respect boundaries. Discipline managers who violate.

3. Use technology: Delayed send features, notification schedules in Slack/Teams, separate work devices that can be turned off.

4. Never retaliate. Cannot discipline for non-response, give poor reviews based on “availability,” deny promotions, or create pressure through culture expectations. Penalties: retaliation lawsuits, civil damages, attorney’s fees.

What Are Employee Rights Under Right to Disconnect?

In jurisdictions with right to disconnect laws (European countries):

Ignore non-urgent communications outside scheduled hours
Turn off work notifications
Set email auto-replies
Report violations to HR or government agencies

Employers cannot: Require after-hours responses (except emergencies), discipline for disconnect, give poor reviews for “availability,” retaliate through denied promotions or termination.

In U.S. states without laws (all states as of 2026):

Set boundaries (auto-replies, notifications off)
Request accommodations
Negotiate disconnect rights in contracts
If non-exempt: Remind employer after-hours communication creates FLSA work time
If retaliated against: document everything, file HR complaints, consult employment attorney

When Is After-Hours Contact Allowed?

True emergencies: Imminent health/safety threats, critical system failures, time-sensitive legal deadlines, natural disasters.

Not emergencies: Forgot to tell you earlier, routine requests, normal decisions, sender convenience.

On-call positions: Emergency responders, IT for critical systems, senior executives with fiduciary duties. Requirements: explicit in job description, appropriately compensated, clearly defined scope. General “be available if needed” doesn’t create legitimate on-call status.

What’s the Bottom Line?

The right to disconnect protects employees from being required to respond to work communications outside scheduled hours. France, Spain, Portugal, Belgium have made it law. No U.S. states have enacted such protections yet, though California, New York, and other states have proposed legislation.

For employers:

FLSA risk: Every text to a non-exempt employee creates compensable work time. Track and pay for it, or implement disconnect policies.
How to comply: One-page policy, train managers, use delayed send, define emergencies narrowly, never retaliate.
Cost of inaction: $500K-$5M settlements, 15-30% higher turnover, burnout-related productivity loss.

For employees:

Set boundaries now: Auto-replies, notifications off, respond during work hours, document retaliation.
If non-exempt: After-hours texts are work time—employer must pay.
In U.S. states: While no disconnect laws exist yet, you can still set reasonable boundaries. Document any retaliation.

Monday action items:

Employers: Draft disconnect policy. Add delayed-send to manager emails.
Employees: Set out-of-office auto-reply. Turn off work notifications outside shifts.

Looking for tools that support healthy work boundaries? ShiftFlow’s time tracking clearly defines when employees are on and off the clock, digital timesheets provide transparency about work hours, and workforce insights help identify patterns of after-hours work that signal burnout risk.

Sources

International Labour Organization – Working Time
European Parliament – Right to Disconnect Resolution
California Legislature – Legislative Information
Society for Human Resource Management – Employment Law Compliance

Frequently Asked Questions

Can I be fired for not answering work emails after hours?

In most U.S. states without right to disconnect laws (all states as of 2026), yes—employers can legally require after-hours responses and terminate employees who don’t comply. While this seems unfair, at-will employment means you can be fired for setting boundaries. Very few employees successfully challenge termination for refusing after-hours communication, even if framed as “work-life balance.” Public policy wrongful termination claims for boundary-setting rarely succeed. The practical reality: Without disconnect laws, you’re at your employer’s mercy. You can try to negotiate boundaries, but there’s limited legal protection if they refuse. In European jurisdictions with disconnect laws (France, Spain, Portugal, Belgium, etc.), employers cannot retaliate. Additionally, non-exempt employees who work after hours must be paid for that time under FLSA, creating compliance incentives for employers to implement disconnect policies.

Do I have to pay employees for reading emails after hours?

Yes. Under FLSA, non-exempt employees must be paid for all work time, including reading and responding to emails, texts, or calls outside regular hours. Even a 30-second text response counts as compensable work time. Failing to track and pay for after-hours communication violates federal wage laws and creates back pay liability, liquidated damages, and potential class action exposure.

Which U.S. states have right to disconnect laws?

As of 2026, no U.S. states have enacted right to disconnect laws. California proposed AB 2751 in 2024 but it died in committee without passing. New York has proposed legislation that hasn’t passed yet. Massachusetts, Washington, and Oregon are considering similar laws. At the federal level, no nationwide law exists, though several bills have been introduced. Many European countries (France, Spain, Portugal, Belgium) have enacted stronger protections.

What counts as an emergency under right to disconnect laws?

True emergencies typically include imminent threats to health, safety, or property; critical system failures affecting operations; time-sensitive legal or regulatory deadlines; or natural disasters. Routine business matters, normal decisions, forgotten tasks, and sender convenience do not qualify. Employers should define emergencies narrowly and specifically in written policies.

How do I implement a right to disconnect policy?

Create a one-page written policy defining working hours, disconnect rights, emergency exceptions, and non-retaliation protections. Communicate it in your employee handbook. Train managers to respect boundaries and use delayed-send email features. Configure work apps (Slack, Teams) to pause notifications outside hours. Lead by example—executives must model disconnect behavior. Review compliance monthly and discipline managers who violate the policy.

Does the right to disconnect apply to remote workers?

Yes, and often especially so. Many right to disconnect laws explicitly protect remote workers, who face greater risk of work-life boundary erosion. Remote employees should have clear working hours and the same disconnect protections as on-site workers. Employers should respect time zones for distributed teams and avoid expectations of constant availability. Implement technology solutions like notification schedules and delayed send.