With the news that Australia’s “right to disconnect” rule has come into effect this week, the internet is awash with rumors that the US might be next to embrace the trend. But don’t throw your work phone into the sea just yet. First, it’s worth pausing to think about what the right to disconnect actually means – before we weigh up how likely it is the US will follow suit.
The right to disconnect describes the ability to refuse to answer a work-related call while out of hours. Australia – and a number of countries around the globe – has enshrined it into law. The US, meanwhile, has been unsuccessful in this endeavor, with a few states trying (and failing) to get it off the ground in recent years.
This latest news threatens to breathe new life into a long-running saga – as priorities shift and debate rages among the US workforce, with employees increasingly prizing remote work and viewing inflexible companies unfavorably. Below, we’ve broken down what the “right to disconnect” is, and how likely it is that the US will be copying Australia’s example.
What Is the Right to Disconnect?
The “right to disconnect” is the right to ignore communications from colleagues while you’re off the clock, without fear of reprisal. Crucially, it doesn’t ban employers from trying to contact their employees – it just means you don’t have to pick up the phone when they do, assuming you have a valid reason.
The logistics of the rule vary from region to region and economy to economy. In Chile and Mexico, for instance, it’s only applicable to remote workers.
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The rule came into effect in Australia on Monday, to the delight of workers’ unions across the country. Said Michele O’Neil, President of the Australian Council of Trade Unions, “Today is a historic day for working people.” Employers, meanwhile, are so far less than enamored, with an Australian Industry Group statement declaring “the right to disconnect laws are rushed, poorly thought out, and deeply confusing,” as reported by Fortune.
The news is sure to trigger renewed debate in the US. Advocates are expected to call for greater protections where their work-life balance is concerned – as tensions between employers and their workers continue to grow. In recent weeks, a slate of companies has attracted controversy after making bungled attempts to impose or enforce strict return-to-office (RTO) mandates, with new Starbucks CEO Brian Niccol the latest to irk his staff.
Will the US Ever Have the Right to Disconnect?
This is a difficult question to answer, but it’s pretty likely that, yes, the US will one day roll out the right to disconnect. A few states – and New York City – have already tried. Most recently, San Francisco State Representative Matt Haney tabled a bill in April that would’ve seen California join the likes of France, Italy, and Spain in giving workers the power to ignore out-of-office work calls. It proved highly popular, with a Clarify Capital survey finding approval from 83% of employees. However, it also had its share of critics, with dissenting voices including the California Chamber of Commerce. Ultimately, the bill was shelved.
While the US has so far failed to see the benefit of implementing the right to disconnect, the countries around the world that have are reaping the rewards. According to a study conducted by The HR Practice, employees in these countries are less anxious, less stressed, and less likely to burn out. At the same time, productivity is higher, with workers more motivated, efficient, and happy.
Australia’s Minister for Employment and Workplace Relations, Murray Watt, said of the law coming into effect in his country: “The new laws will give workers greater protections around workplace conditions, job security, and their ability to balance work and life.”
Pace of Change Dents Employee Optimism
Last year was widely regarded as a promising year in the history of the US labor movement, with a series of union contract wins, strikes, and union election victories at “aggressively anti-union corporations,” according to The Guardian. Added to this, the debate around remote working has gathered steam in recent months. Employees of computing giant Dell, for instance, are in revolt against the company’s increasingly brutal RTO policy. Our own 2024 report, The Impact of Technology on the Workplace, concludes that remote working organizations report higher levels of productivity.
The evidence is almost overwhelming, but when it comes to implementing labor reforms, the US is notoriously slow off the mark. This is largely a consequence of massive discrepancies in unionization rates, due to a combination of geography, industry, and other factors. For instance, whereas 33% of public sector workers are unionized, that number drops to 6% for employees in the private sector. Almost 25% of Hawaiian workers, meanwhile, can call themselves union members – compared to just 2.3% of South Carolinian ones.
The likelihood is that eventually one state will enact the right to disconnect to great success, and gradually more and more will follow suit. But with CEOs still reluctant to bow to public pressure for flexible working arrangements, don’t expect an announcement anytime soon.
