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It was 9:47 on a Tuesday night when Diane’s phone lit up.
Collins — her team lead — had sent a Slack message asking her to pull together a client summary before the 8 AM meeting the next morning. Not an emergency, exactly. Not a crisis. Just something he’d remembered while watching television, something that could have waited until morning but didn’t, because there is nothing in his work culture that tells him he has to wait. He assumed she’d see it. He assumed she’d handle it. And he was right, because she always does.
She closed the book she’d been reading, went back to her laptop, and spent the next ninety minutes in a document that had nothing to do with her assigned hours. When she finally went to bed, her company’s monitoring software had already logged the session — her keystrokes, her active time, her screen activity — adding data points to a profile she doesn’t know exists and has never consented to in any meaningful way.
That scenario plays out millions of times a night across the American remote workforce. And yet, as of today, there is no federal law that gives Diane the right to ignore that message. Not one.
That may be about to change — slowly, unevenly, and with far more at stake for privacy than most people realize.
The Global Movement the US Keeps Watching
France moved first. In 2017, French labor law began requiring companies with more than fifty employees to negotiate specific right-to-disconnect terms with their workers — establishing, in writing, the conditions under which employees could disengage from work communications outside regular hours.
Since then, the list of countries that have followed has grown considerably. Belgium codified the right in 2022, requiring employers with twenty or more employees to address after-hours contact in writing. Portugal went further — prohibiting employers from contacting workers after hours outright, with financial penalties for violations. Argentina’s Law 27,555 of 2021 protects remote workers specifically, with extra flexibility for employees with caregiving responsibilities. (Lockton Global Benefits, “New Remote Working Legislation Around the World.”)