Proposed Michigan “Right to Disconnect” Bill Could Change Employer Communication Practices

Michigan employers may want to keep a close eye on proposed legislation that could significantly impact how organizations communicate with employees outside of scheduled work hours.

Senate Bill 948, known as the Workplace Employee Boundaries Act, would establish a legal “right to disconnect” by prohibiting employers from requiring employees to monitor or respond to work-related communications including emails, text messages, phone calls, and other electronic messages during their non-working hours. The bill also includes anti-retaliation protections and would authorize civil penalties of up to $500 per violation.

While the legislation is still under consideration and has not become law, it reflects a growing national and global conversation around employee well-being, burnout, and work-life balance. Several countries have already adopted similar policies, and several employers have voluntarily implemented after-hours communication guidelines.

If enacted, Michigan employers may need to reevaluate several workplace practices, including:

• Expectations for responding to after-hours emails, texts, and phone calls
• On-call and emergency contact policies
• Manager training regarding off-duty communications
• Policies related to availability and work hours
• Communication practices for exempt employees and employees working across multiple time zones

The proposed legislation does include exceptions that would allow employers to contact employees during government-declared emergencies or when employees are officially designated and compensated as on-call.

Even if the bill does not advance, employers may benefit from reviewing current practices. Many organizations have experienced an increase in after-hours communication due to remote work, mobile technology, and flexible schedules. Clearly defining expectations around employee availability can help reduce confusion, improve employee engagement, and minimize potential compliance risks.

Now is also a good time for HR leaders to assess whether managers understand when after-hours communication is appropriate and whether current policies align with organizational culture and operational needs.

ASE will continue to monitor Senate Bill 948 as it moves through the legislative process and will keep members informed of any significant developments. Employers should not make policy changes based solely on the proposed legislation, but staying informed now can help organizations prepare should Michigan adopt a “right to disconnect” law in the future.

By Linda Olejniczak, courtesy of SBAM-approved partner, ASE.

Note from SBAM: SBAM submitted a letter of opposition to SB 948 when it received hearing in the Senate Labor Committee in June.

We know that small business owners prioritize a healthy work-life balance for their employees, and that can look different for different businesses. Many small employers and their employees don’t communicate beyond shift hours because it’s not required for the particular job, but that’s not an arrangement that is compatible with every single small business and every employer/employee relationship. This bill would require nearly every employer in the state to modify their employee handbook and would blanket-prohibit employers from requiring any communication after normal business hours. Violators of this bill would be investigated, fined, and forced to complete a professional development training on workplace boundaries. We believe it is incumbent on employers and employees to manage their relationship and boundaries, and that federal and state wage and hour laws already require compensation for time worked. This bill would create a significant burden for employers without substantially improving workplace conditions. 

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