News & Analysis as of

Off-Duty Employee Access Off-Duty Employees

King & Spalding

The Right to Disconnect: A Comparative Analysis

King & Spalding on

The line between ‘work’ and ‘home’ has historically been clear for most employees – separated by a distinct office building, worksite, or retail space. Technology has blurred this line in the past few decades and, for some...more

FordHarrison

Are U.S. Employers Ready for a Right to Disconnect Law?

FordHarrison on

Real World Impact: U.S. employers should be aware of the global trend of “right to disconnect” laws and should review their policies on after-hours communications to stay ahead of social and legal changes....more

Manatt, Phelps & Phillips, LLP

California Considers “Right to Disconnect”

Taking a page from countries across the Atlantic, the California legislature is considering a bill that would give employees the “right to disconnect.” ...more

Shook, Hardy & Bacon L.L.P.

California Lawmaker Introduces Bill Granting Employees the Right to Disconnect

California once again is at the forefront of the expansion of workplace rights with a first-of-its-kind proposed legislation in the United States that would provide workers with the freedom and the right to disconnect from...more

CDF Labor Law LLP

California Contemplates Right to Disconnect Law

CDF Labor Law LLP on

California Assembly member Matt Haney has introduced the first “right to disconnect” law in the United States, Assembly Bill 2751 (A.B. 2751). Under the proposed legislation, employers would be required to define employees'...more

Littler

Australia Aims to Give Employees the Right to Disconnect

Littler on

Australia’s Senate on Thursday, February 8, 2024, passed a bill that would prevent an employer from contacting employees outside of work hours. The bill gives the employee the right to refuse to monitor, read or respond to...more

Ius Laboris

The right to disconnect: which countries have legislated?

Ius Laboris on

Since 1 April 2023, Belgian employers in the private sector with 20 employees or more must include the right to disconnect in collective bargaining agreements or work rules. The right to disconnect applies to all categories...more

Ius Laboris

Disconnecting from work in Luxembourg

Ius Laboris on

Employers in Luxembourg must now consult with their employees and trade unions to set up systems to protect employees’ rights to disconnect. A new law has been passed in Luxembourg, which requires employers to put...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity

In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB loosens standard for letting off-duty contractor employees engage in protected activity on third-party premises

On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more

Shook, Hardy & Bacon L.L.P.

Focus On The Right To Disconnect And The Ontario Working For Workers Act

The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a...more

Bennett Jones LLP

The Right To Disconnect in Federally-Regulated Workplaces

Bennett Jones LLP on

The "right to disconnect" refers to an employee's ability to not engage in work-related communications (emails, texts, telephone calls, video calls, etc.) while off duty....more

Jackson Lewis P.C.

NLRB Strengthens Property Rights, Employers May Limit Off-Duty Access By Contractors’ Employees

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may exclude off-duty contractor employees from engaging in leafletting and other Section 7 activity on its property, unless: (1) the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Continues Trend to Protect Employer Property Rights

Coming on the heels of its decision in Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019) in which the Board rebalanced the rights of property owners versus...more

Benesch

NLRB Continues to Define Employer Ability to Protect Property and Access; Overturns Union-Friendly Precedent

Benesch on

On Friday, September 6, 2019, the National Labor Relations Board (the “Board”) issued its third decision of the summer regarding employers’ ability to restrict access by nonemployees to its property (see prior analysis: Board...more

Jackson Lewis P.C.

NLRB Members Lean Toward Possible Easing Of Restrictions On Off-Duty Employee Access Rules

Jackson Lewis P.C. on

Two of the four members of the National Labor Relations Board (NLRB) have indicated they are willing to rethink a key element of the Board’s more-than-40-year-old precedent regarding employers’ off-duty employee access rules...more

Fisher Phillips

The “Do Not Disturb” Movement: A Right To Disconnect? Or A Disconnection From Reality?

Fisher Phillips on

In today’s business climate, work always seems to be on the mind. But should it be? According to the Bureau of Labor Statistics, the productivity of the average American worker has skyrocketed by an astounding 400% since...more

White and Williams LLP

NLRB Hits Unions with One-Two Punch the Week Before Labor Day

The National Labor Relations Board (the Board) continues to modify the way employers, unions and employees view and relate to each other in the workplace. In two decisions right before Labor Day, the Board strengthened...more

Stokes Wagner

NLRB Limits Non-Employee Leafletting On Employer Premises

Stokes Wagner on

The National Labor Relations Board (the “Board”) recently issued a precedent-reversing ruling on August 23, 2019, that allows employers to bar non-employees from leafletting on their premises. In its decision, the Board held...more

ArentFox Schiff

NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights

ArentFox Schiff on

In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more

Benesch

NLRB Rules that Employers Can Prohibit Access of Off-Duty Employees of Contractors for Section 7 Rights

Benesch on

A property owner generally has the right to control access to its property, including the rights to restrict hours of access, to prohibit certain activities when access is granted, and exclude or prevent access. These rights...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Reverses Precedent to Permit Property Owners to Prohibit Off-Duty Access for Section 7 Activity

On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center...more

Seyfarth Shaw LLP

The City That Never Works (Outside Normal Working Hours): NYC Proposes Right To Disconnect Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: “Thank you for your email, I will be out of the office from….” New York City employers might soon be seeing a lot more of these “out-of-office” emails from their employees if a recently proposed “Right to...more

Mintz - Employment Viewpoints

Time to Put Down that Smartphone? – Proposed Bill Would Give NYC Employees a Right to Disconnect from Work

Given the ever-increasing reliance on digital technology, employees are more and more tethered to their smartphones – checking email during their commute, at the dinner table, and even from their beds – essentially creating a...more

Kramer Levin Naftalis & Frankel LLP

Data Protection Alert - How data protection impacts labor law

One of the aspects of digitalization is that it blurs the lines between personal and professional lives of employees. Such acknowledgement is reflected in EU and French laws, notably with regard to teleworking and the right...more

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