1198.2.
(a) As used in this section:(1) “Emergency” means an unforeseen situation that threatens an employee, customer, or the public; disrupts or shuts down operations; or causes physical or environmental damage.
(2) “Employer” includes the state, political subdivisions of the state, and municipalities.
(3) “Nonworking hours” means hours before and after an employee’s assigned hours of work, whether stated in their job description or stated otherwise.
(4) “Pattern of violation” means three or more documented instances of violating the right to disconnect.
(5) “Right to disconnect” means that, except as provided in subdivision (d), an employee has the right to ignore communications from the employer during nonworking hours.
(6) “Scheduling” means changes to a schedule within 24 hours.
(b) An employer shall establish a workplace policy that provides employees the right to disconnect from communications from the employer during nonworking hours.
(c) Nonworking hours shall be established by written agreement between an employer and employee.
(d) An employer may contact an employee during nonworking hours for an emergency or for scheduling.
(e) An employee may file a complaint of a pattern of violation of this section with the Labor Commissioner.
(f) A pattern of violation of this section shall not be punished as a misdemeanor pursuant to Section 1199. A pattern of violation of this section shall be punishable by a fine of not less than one hundred dollars ($100).
(g) This section does not apply to an employee who is covered by a valid collective bargaining agreement.