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James Berry

Freelance Writer

James Berry is a highly accomplished legal professional with a diverse background in law. He pursued his Juris Doctor (JD) degree from Yale Law School, showcasing his dedication to legal studies and excellence. Prior to this, James also obtained a Bachelor of Arts in Slavic Studies from Vanderbilt University, highlighting his well-rounded academic interests.

Highlights

Apr 2 · linkedin

CALIFORNIA LEGISLATOR PROPOSES LEGISLATION TO ESTABLISH EMPLOYEES’ “RIGHT TO DISCONNECT”

California employers long ago learned that vigilance is essential whenever our Legislature is in session. This year’s session is no exception.

A San Francisco Assemblymember recently introduced proposed legislation (AB2751) that if enacted would allow employees to ignore after-hours communications from their employers. It also potentially would create liability for non-compliant employers who nevertheless send such communications. This would be the first such legislation in the U.S. and apparently is patterned on similar legislation in some European countries.

AB2751 would add a new section 1198.2 to California’s Labor Code requiring all employers to “establish a workplace policy that provides employees the right to disconnect from [ignore] communications from the employer during nonworking hours.” Employees experiencing a “pattern of violation” would be granted the right to file claims with the Labor Commissioner. Arguably, adoption of this legislation could establish a new public policy supporting claims for wrongful termination and/or for retaliation.

The legislation as introduced is vague but apparently would apply to all employees, exempt and nonexempt alike. It is likely to be amended if it moves forward. We will continue to monitor developments.

Aug 9 · linkedin

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Experience

Freelance Writer at Self-employed (September 2017 - Present)

Education

Bachelor's degree in Religion/Religious Studies from Sarah Lawrence College (2014 - 2016) Master's degree in Creative Writing, Religious Studies from New York University (2018 - 2020)

Location

Los Angeles, California, United States