Michigan bill would bar employers from requiring after-hours contact with workers

A bill is pending in the Michigan Legislature that would set rules on when and for what reason an employer could contact an employee outside of a normal work schedule. 

Senate Bill 948, which was introduced by Sen. Erika Geiss, D-Taylor, has been referred to the Labor Committee. The bill is also known as the Workplace Employee Boundaries Act. 

"In an increasingly 'always-on, always available' economy, we must take action to protect workers and create stronger boundaries," Geiss said when introducing the bill. "Too many workers are expected to be constantly available, answering emails, messages, and calls long after their workday ends. That pressure erodes well-being, undermines family life, and disproportionately impacts working parents and caregivers. It is a matter of fairness, dignity, and basic respect." 

A bill analysis dated June 18 explains that an employee could be compensated in their contract for on-call availability. Another option is that the employee could set hours of availability, during which they would be able to access and respond to work-related matters.  

Messages regarding a state or federal emergency that affected business operations also would be allowed.

But in general, should this bill become law in Michigan, an employer could not require an employee to access or respond to work-related matters outside of their assigned hours. This includes emails, text messages or social media messages regarding employment duties or scheduling future work shifts, the bill analysis explains. 

Violations could be reported to the state's Department of Labor and Economic Opportunity, with fines to the company and/or overtime pay to the employee among the possible results. 

The potential costs, according to the bill analysis, include the administrative work required by the Department of Labor and Economic Opportunity to create training materials and process any complaints that may be filed.