If an Employee Right to Disconnect Law Came to the United States, Would Your Business Be Prepared? Today’s fast-paced, technology-driven world allows everyone to be constantly connected. While this offers a lot of convenience and greatly bolsters collaboration, it does contribute to disappearing boundaries between work and play. In other words, employers can reach their employees, even when said employees aren’t on the company clock. Enter the concept of an Employee Right to Disconnect Law – a movement that is gaining considerable traction. Right now, it’s mostly in Europe. But what would happen if such a law were to come to the United States? Would your business be prepared for the changes it would bring? Let’s explore the possible implications and how you can ensure that your business is ready. Understanding the Employee Right to Disconnect The Employee Right to Disconnect is a legal concept that aims to protect employees from being obligated to respond to work-related communications outside of their regular working hours. It allows employees to truly disconnect from work and enjoy their personal time without the fear of repercussions. In recent years, several countries have introduced employee right to disconnect laws to address the growing issue of work-life balance in an increasingly connected world. Again, these laws aim to protect employees from being contacted outside of working hours and to ensure that they have the right to disconnect from work-related communication. Currently, France, Portugal, and Australia have an employee right to disconnect law, while Spain, Ireland, Germany, and Italy are considering adopting such a measure. Although there is no federal law in the United States currently in place that guarantees the right to disconnect, some states, such as New York and California, have introduced bills to protect employees from being contacted outside of working hours. So, it’s at least something to be aware of and begin to tentatively plan for. Implications for Businesses If an Employee Right to Disconnect Law were to be implemented in the US, businesses would necessarily need to adapt their policies and practices to comply with the new regulations. This could mean setting clear boundaries for when employees are expected to be available and ensuring that work-related communications are not sent during non-working hours. Is Your Business Prepared? To determine if your business is prepared for an Employee Right to Disconnect Law, ask yourself the following questions: Do we have clear policies in place regarding work-related communications outside of working hours? Are managers and employees trained on the importance of disconnecting from work to maintain a healthy work-life balance? Have we implemented technology solutions that can help limit after-hours work communication? Ensuring Compliance To ensure that your business is ready for an Employee Right to Disconnect Law, consider implementing the following strategies: Establish clear guidelines for work-related communication outside of regular working hours. Provide training to managers and employees on the importance of disconnecting from work. Utilize technology tools that can help automate processes and limit after-hours communication. This means you should be at least tentatively preparing your business for a potential Employee Right to Disconnect Law. By taking proactive steps to establish clear policies and promote a healthy work-life balance, you can ensure that your business is ready for any regulatory changes that may come its way. Want to Accomplish More? Do you want your company to grow faster and earn more while you spend more time with your family doing all the things you started your business to do? We can make that dream a reality. Give us 30 minutes and we will show you how to get your life back. Skeptical? Good! Put us to the test. You can call us for your free appointment at 602-435-5474, or, if you prefer, send us an email. You can also visit us at Waters Business Consulting Group to learn more about us and the services we offer.

One of the most costly and infuriating aspects of running a business is training new employees only to have them up and abruptly quit. It takes a lot of time, effort, and extra expense to onboard new hires and get them familiar with practices and procedures. When they depart shortly after their training, it means having to fill that position all over again. Since this is such a huge hassle and a costly one at that, some companies are actually billing employees who quit. The strategy is to ensure new employees don’t receive critical industry training only to leave and use their new skills at a competitor paying higher wages and/or offering more enticing benefits packages. Companies Recovering Employee Training Costs through TRAPs Healthcare, retail, trucking, beauty, and more companies are adopting a new approach in order to reduce their workforce losses. Known as Training Repayment Agreement Provisions or TRAPs, these clauses are included in employee contracts. Nearly 10% of all American companies are now using these provisions, according to a recent report by Reuters News. When a valued employee quits, the loss can have a detrimental effect on the person’s team and department and maybe even on the entire company. Not only can an unexpected departure lead to lost revenue, but it also could lower the morale and productivity of remaining employees. —Society for Human Resource Management Other industries may follow this emerging trend if it proves successful and legal. There are already federal and state government agencies looking into the practice, and it appears to be legitimate. If it continues to grow in popularity, it should be not only a big benefit to businesses but to employees as well, as both parties will know precisely what’s expected of them and how to proceed accordingly. How to Use Employee Training Repayment Agreement Provisions Because this is somewhat new, it’s very important to take thoughtful, measured steps in order to implement such a practice. Here are some suggestions for how to use an employee training repayment agreement provision in your business: Consult a labor law attorney. The very first thing you should do is to speak with a lawyer who specializes in labor law in your state. Even if a future employee willingly signs such an agreement, there may be something on the books that does not allow you to enforce such a provision. So, be crystal clear it is legal and actionable in your state. Speak with your human resources department. Obviously if you are able to include an employee training repayment agreement provision in your hiring contracts, you’ll need to get the right people in your organization on board and in the know. You can help to develop a new section in your training process that discloses and advises potential hires and new team member about this provision. Make sure new hires are made fully aware of the provision. When you’re recruiting someone new to your organization, be sure this is made abundantly clear before you proceed with follow-up interviews and probably before the very first, initial interview. Any job candidate should be made aware of this provision well before you get deep into the hiring process. Include a mechanism to recoup new employee training costs. Of course, you’ll need a way to actually recoup those training costs. So, if you offer a sign-on bonus, that may be one way to recapture the expense. Here again, you’ll need to consult an experienced, licensed labor law attorney in your state to establish a recuperation mechanism for the provision. What else would you suggest business owners do to deal with new hires who quit shortly after being brought on? Please share your thoughts and experiences so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.