Right to disconnect: what US employers need to know

What a right to disconnect means, where it exists, why the US has no general law yet, how after-hours messages already create pay obligations for hourly staff and how to write a practical after-hours policy.

⏱ 7 min readUpdated November 2026After-hours contact

Animated phone with messages appearing and fadingOff hoursAfter-hours contact

🥚
Found it: schedule sendMost email and chat tools let you schedule a message. Write it at 10 p.m. if you must, but have it arrive at 8 a.m. Your team will notice.
In shortA right to disconnect lets employees ignore work calls and messages outside working hours without being penalized. Several countries have such laws, but the United States has no general federal or state right to disconnect law as of this writing, although bills have been proposed. US employers still face real obligations: non-exempt employees must be paid for after-hours work, including answering messages, and some cities require pay for last-minute schedule changes. A clear after-hours communication policy reduces both legal risk and burnout.
Key takeaways

What “right to disconnect” means

The idea is simple: when the workday ends, employees should be able to switch off. Phones and messaging apps have blurred that line. A manager sends a quick question at 9 p.m., a shift change is posted on Sunday, a team chat keeps buzzing through the weekend. A right to disconnect law typically gives employees the right not to monitor or respond to work communications outside working hours, with exceptions for emergencies, and protects them from retaliation for not responding.

Countries such as France, Portugal and Australia have adopted versions of this right, each with its own scope and exceptions. In the United States, proposals have been introduced at the city and state level, including a bill in California, but none has become a general law. Because this area can change, check for new legislation where you operate.

Why it still matters for US employers

Even without a disconnect law, after-hours communication already has legal consequences in the US, especially for hourly employees.

After-hours policy complete.

A worked example

A retail supervisor, paid $22 an hour and non-exempt, answers about 20 minutes of messages from the store manager most evenings, five days a week. That is about 100 minutes a week of unrecorded work. If the supervisor already works 40 hours on the clock, those minutes are overtime at $33 an hour, about $55 a week. Over a year that is roughly $2,860 in unpaid overtime for one employee, before any damages. Multiply by a team, and a few casual messages become a significant liability.

Where US right to disconnect bills stand

Proposals keep appearing, but the binding US rule for most employers is still wage and hour law:

Watch the pattern in these bills: most would require a written policy rather than ban contact outright. An employer that already has a clear after-hours policy, and pays non-exempt staff for after-hours work, is well placed if a law like this passes.

The burnout side

The cost is not only legal. Constant availability is a major driver of stress and employee burnout, which shows up as absenteeism, mistakes and turnover. Frontline and shift workers often feel they must respond to keep good shifts, even when nobody says so. Setting clear boundaries is a retention tool. See our guide on how to reduce employee turnover.

How to write an after-hours communication policy

  1. Define working hours and response expectations. State that employees are not expected to read or reply to non-urgent messages outside their scheduled hours.
  2. Define what counts as urgent. For example, safety issues, a no-show that leaves a site uncovered or a customer emergency. List who handles these.
  3. Separate exempt and non-exempt rules. Non-exempt employees should not do work outside recorded hours without authorization, and any work they do must be recorded and paid.
  4. Use scheduled sending. Encourage managers to schedule messages for the next working day.
  5. Handle schedule changes properly. Publish schedules in advance and communicate changes through one official channel, following predictive scheduling rules where they apply.
  6. Protect employees who disconnect. State that not responding to non-urgent messages outside hours will not affect evaluations or shifts.
  7. Train managers. Most after-hours pressure comes from managers’ habits, not policy.

Add the policy to your employee handbook and your timekeeping policy.

Practical rules for frontline teams

After-hours communication: good practice for shift-based teams
Situation Better practice
Manager needs coverage for tomorrow Post an open shift and let available employees claim it, rather than calling individuals late at night
Non-urgent update Schedule an announcement for the start of the next shift
Employee replies after hours Record the time worked and pay it; address the habit if it was not authorized
Emergency Use the defined emergency contact process, and pay for any time spent
Team group chat Set quiet hours and keep work chat separate from social chat

What about exempt employees?

Salaried exempt employees are not paid by the hour, so answering an evening email does not create an overtime obligation the way it does for non-exempt staff. That does not make constant availability harmless. Exempt managers and specialists burn out too, and expectations they experience as always-on spread to the hourly teams they supervise. Apply the same principles: define reasonable response times, keep urgent channels for real emergencies and model the behavior you want. Also make sure employees really are exempt; a salary alone does not make someone exempt. See exempt vs. non-exempt employees.

If a right to disconnect law is passed where you operate

If your state or city adopts a law, expect requirements such as a written policy, defined non-working hours, exceptions for emergencies and scheduling, and protection against retaliation. Businesses that already have an after-hours policy, record all work time and use official channels for scheduling will find it much easier to adapt.

How EZTime helps

EZTime keeps work communication in one place, separate from personal messaging. Managers can send announcements to chosen employees, post open shifts and approve shift swaps, so coverage problems are solved without late-night calls. Labor rule alerts flag rest periods between shifts and weekly hour limits, and every clock-in and correction is recorded for payroll. See announcements and shift swaps.

Frequently asked questions

Is there a right to disconnect law in the US?

Not as a general federal or state law as of this writing. Bills have been proposed in some places, so check for new laws where you operate. Other rules, such as paying non-exempt employees for after-hours work, already apply.

Do I have to pay hourly employees for answering messages after work?

Generally yes. Under federal law, non-exempt employees must be paid for all work the employer knows or should know about, including reading and answering work messages, and it counts toward overtime.

Can I require employees to answer calls after hours?

You can set on-call requirements, but restricted on-call time may need to be paid, and some cities have rules on schedule changes. Being clear about expectations and pay is essential.

Which countries have a right to disconnect?

Several, including France, Portugal and Australia, each with different scope and exceptions. US employers with staff abroad should check local law.

How do I stop managers messaging staff after hours?

Write a policy, train managers, encourage scheduled sending, use open shifts for coverage and lead by example. Make clear that not replying to non-urgent messages will not be held against employees.

Did California pass a right to disconnect law?

A California bill, AB 2751, was proposed in 2024 but did not become law, according to reports at the time. Check current California law before relying on this, as bills can be reintroduced.

Which US states have proposed right to disconnect bills?

Bills have been introduced in several states. For example, Maryland’s HB1413 in 2025 had its hearing canceled, and Kentucky’s HB341 was introduced in January 2026 and referred to committee. None of these had become law at the time of writing.

Where to go next

You may also need

Send updates without the 11 p.m. ping

EZTime announcements reach staff through the app or SMS, targeted by location, department or role, so the right people get the message at a reasonable time.

Disclaimer: This guide on after-hours contact is general information, not legal advice. Laws on scheduling and after-hours work vary by state and city and may change. Check current rules where your employees work.