Welcome to another episode of the Working Conversations podcast where we talk all things leadership, business, communication and trends in organizational life. I'm your host, Dr Janel Anderson.

Are your late night emails killing your employees well-being as legislation looms to curb after hours communication? I'm wondering, should managers be forced to unplug, or can they be trusted to use their common sense in a world where the inbox never sleeps? The line between dedication and exploitation is becoming increasingly blurred.

Today, we delve into the contentious realm of legislating after hours communication, challenging conventional wisdom and exploring the true cost of clearing out your inbox and sending just one more email, email communication, calls, texts and slack and teams messages after hours, particularly late at night, is a topic that's garnered significant attention in recent years, and for good reason.

On one hand, the ability to communicate outside of traditional work hours can enhance flexibility and accommodate different schedules and time zones. However, there are crucial considerations and potential drawbacks to this practice that merit exploration.

Most professionals report having received those emails, texts, phone calls, Slack messages and the like after hours. It's very common, and by and large, those communication efforts are being responded to by their recipients, which might not have been the intention of the sender.

Now you see post pandemic, people who have been working from home are not shutting down their computer. And likewise, those, even the ones who are on site, who have returned to the office or never left in the first place, typically have their work email on their mobile phones, and they are looking at and responding to those messages as well.

Now, given the current environment, managers should not be sending emails after hours in non emergency situations. So many people are stressed out and burned out right now, and messages coming in after hours are adding to that stress and burnout, according to the American Institute of Stress. 83% of US workers report that they suffer from workplace stress, and a recent report from Indeed found that 52% of all workers are feeling burned out.

Given those Stark statistics, coupled with the tight labor market that we're in, managers and leaders should be doing everything they can to set up guardrails to protect their employees from stress and burnout. It shouldn't take a PhD like me to tell them to grab the low hanging fruit on this one and stop emailing after hours.

But they apparently need me to say that now we are talking about email communication, phone calls and voicemails, Slack and teams, messages and texts. But most of the research that's been done on this topic is on email, so I will be focusing on that, but really it's about all of the channels.

Now let's look at the problem and why it happens. I see it as a two part problem. First, we've got the managers, so they are in back to back meetings all day long, all week long, most leaders and managers just really don't have time during the eight to five hours to clean out their inbox. There is no time to process communication again, especially email.

But as I mentioned, we're also talking about returning phone calls and leaving voicemails, sending those slack and teams messages or whatever instant messaging channels you may be using in your organization, and even text messages on your mobile phone.

In today's interconnected world, many professionals appreciate the flexibility of being able to respond to messages and clear their inbox outside of standard hours. This can be especially beneficial for those who have those back to back commitments that I was referring to during the day, or those who work in global teams spanning multiple time zones across the world.

Now I honestly don't think the intention is for those managers to get a response. They just want to clear out the mounting messages that have come in across the workday, in part, to be at least somewhat timely in their response, and in part, to not have those messages waiting for them the next workday. And of course, that brings us to the second part of the problem, the employees.

Employees aren't turning off email. A study last year in 2023 by the Pew Research Center found that 55% of employees say that they receive and respond to emails after business hours. So again, with so many people working from home and not shutting down their computer at the end of the standard workday, that has become a big issue.

It's the employees as much as it is the managers, because the employees could ignore those emails, but the employees feel there may be repercussions for ignoring those emails.

And then, of course, during the pandemic, new normative behavior came about for many people during the work from home orders. There was nothing else to do but work during those stay at home orders, and so people answered emails all times of day, night, day, weekend and so forth. They answered email and worked a lot, and that, in part, has led to the burnout.

So yes, the intention may not have been for managers to expect a response to those after hour communication, but people are reading and responding to those messages after work, because again, there is now New normative behavior, and there's also the fear of potential repercussions if they are not responsive to now take part one of the problem, the managers.

Combine that with part two of the problem, employees not shutting down their laptop or their mobile phone, and then couple that with the norm of rapid response time on email, which we do have, and I'll get to that in just a second, especially when it's an email from your boss and Houston, we have a problem.

Now average response time of email is part of the problem here. There is a normative behavior that email gets responded to fairly rapidly. So based on the study by email analytics in 2021 and that's the most recent year that I could find data for the average response time of work email is three hours and 38 minutes. Now that is a quick turnaround time, especially considering that most people's jobs entail a lot more activities than just answering email.

But again, a lot of people have email on all day every day, which I highly frown upon. It takes away from your productivity so much. I have other podcast episodes on that, so I don't need to go into it here, but do not have your email on all day every day. Now that constant connectivity can blur the boundaries between work and personal life when you've got your email on at home. That's what leads to burnout, or one of the contributing factors.

There's lots of things that lead to burnout, but that's one of the contributing factors that leads to burnout and decreased well being among employees when managers are consistently sending those emails late at night, it creates this implicit expectation for their team members that they're supposed to be constantly available and responsive even during their supposed downtime. This, of course, is going to erode work life balance, and it contributes to feelings of stress, exhaustion and burnout.

From a managerial perspective, it is crucial to consider the impact of those after hours emails on team members and team dynamics and morale. It might seem like harmless way to clear out your inbox, but it can inadvertently create resentment and frustration amongst your team because they're going to feel pressured to constantly be on call, so that habit that you have of sending emails late at night can inadvertently be signaling to your employees that you as their manager expect them to prioritize work over other aspects of their life, and in the long run, this can undermine the trust they have in you and the collaboration that they have with you and the rest of the team.

Now, interestingly, some research suggests that the timing of emails can affect how they're perceived by recipients, and again, no surprise here. But for example, a study published by the Academy of Management Journal found that emails sent outside of standard work hours were often perceived as an imposition, regardless of their content.

That research was published in 2010 now I think it's become more acceptable, and maybe it isn't perceived so much as an imposition than an expectation that those emails get answered, in either case, an imposition or an expectation. This underscores the importance of being really mindful of the timing when you're sending emails to your colleagues and to your direct reports.

Now the study I referenced is titled and get this Killing Me Softly, electronic communication monitoring and employee and spouse well being by Belkin Becker and Conroy again in the Academy of Management Journal in 2010 and as the title of their study suggests, the implications for emails coming in at all hours affects the entire family, not just the employee.

Now at the top of this podcast, I hinted at legislation, so let's turn to the proposed legislation on after hours, communication and availability. California has introduced a bill that would give employees the legal right to ignore non emergency calls and emails once the workday has ended. Matt Haney, the legislator from San Francisco, who introduced the bill to the California Assembly, modeled it after a new law in Australia, common referred to as the right to disconnect law that's set to go into effect in Australia later this year.

Now, Australia will be joining the ranks of 10 other countries that have similar laws, including Canada, France and Portugal, if employers violate the provisions of the law and contact employees outside of business hours when it's not an emergency, they could be fined. Now, the fines are not very steep. In fact, they're laughable. We're talking about $100 fine, and the fines would only come if the employee actually reports them, and the employer has three infractions, so three strikes first before this paltry little fine of $100 goes into effect.

Now there are some provisions made in the bill for emergencies that require a response as well as communication regarding changes in an employee's work schedule that would impact the employee within the next 24 hours. Those types of things are allowed if you're in a profession that is unionized in California, such as, say, teachers or nurses, the union's collective bargaining agreement overrides the law, so whatever's in their contract regarding after hours contact is what those employers would continue to follow.

Also, if you're a remote worker in California who works for an employer in a different state, this would not impact you. So if you live in California, but you're working remotely for a company, let's say in Oregon, you're not protected. The law only applies to employers in California, but if you're a remote worker in another state who happens to work for a California company, then you would be covered under this law.

The introduction of legislation to regulate after hours messages certainly raises some thought provoking questions about the intersection of workplace practices and government regulation and intervention. While the intention behind this legislation may stem from a genuine desire to protect employees well being and promote work life balance, it's worth examining whether legislative action is really the most effective solution to this issue now at its core around after hours messaging reflects broader concerns about workplace culture, communication norms and the blurring of boundaries between work and professional life.

Proponents of the legislation argue that it's necessary to establish clear and enforceable guidelines to prevent the exploitation of employees and mitigate the negative effects of overwork and to try to prevent burnout. However, critics of the legislation raise valid points about the potential unintended consequences and the limitations of such measures.

For one, legislation like this can be really challenging to enforce, particularly in environments where remote work and digital communication are incredibly prevalent, it may also inadvertently create a one size fits all approach that fails to account for the diverse needs and preferences of different industries and professions and different professionals. Some work from home. Folks with flexible schedules prefer to take some of their personal time during the standard work day and catch up on their work late at night. So it doesn't necessarily account for or protect the individual worker preference.

And then we also have to look at enforcement. Who does it get reported to? Will it even get reported? And three offenses must get reported before the very small fine of $100 I think it's not likely that employers are going to suffer the consequences of this law. Now I do see that it's trying to make a point, trying to raise attention to the issue, and trying to protect workers rights and work life balance. It signals a desire to really hit the reset button on societal expectations regarding work hours and communication practices, and I definitely don't fault them for that.

I can certainly see it serving as a catalyst for organizational change by prompting employers to reassess their policies and procedures in light of evolving societal and technological advancements, but relying solely on legislation to address after hours emailing and other messaging overlooks the importance of fostering a cultural Respect, but relying on legislation to address after hours emailing and other messaging overlooks the importance of fostering a culture of mutual respect, trust and open communication within organizations.

Ideally, managers and leaders should be empowered to use their discretion and exercise empathy and common sense for goodness sakes, when determining the appropriate timing and the frequency of communicating with their teams. Now, when I'm working with organizations, whether consulting with them or training their management teams, I tell them not to hit send on emails after hours if they want to draft those emails in the evenings again due to the back to back meeting culture or due to their personal preference? Well, that's totally fine, just schedule those messages to send in the morning at the beginning of the workday.

Email platforms all have a feature built into them to schedule send in the future. Now, if the Send Later feature in your email system is glitchy, as people are always telling me it is in Microsoft Outlook. Then get in the practice of saving your emails as drafts when you write them at night or on the weekends, and then actually sending them in the morning on a workday, you may need to put a note in your calendar so that you don't forget to send them and you have a folder full of drafts that never got sent, that's not good either, so put a meeting notice to yourself in your calendar to send them first thing in the morning, if that's going to be your practice.

Now that's of course, a great alternative. But what's an alternative to legislating this instead of defaulting to those late night emails and legislating it, managers can cultivate a culture of respect for work life balance by setting clear expectations around communication norms and then following them themselves. Because when it comes right down to it, encouraging managers to prioritize work life balance and model healthy communication habits is going to be far more effective in the long run than relying on external regulations from the government.

This approach not only promotes employee well being, but it also enhances productivity, creativity and morale within the workforce, because people are getting a break from work, and we're not expecting employees to be on call 24/7. Managers can lead by example, by refraining from sending emails late at night unless it is absolutely necessary and meets those emergency requirements.

And I mean, I think it's rarely absolutely necessary, by demonstrating respect for the team members personal time managers can foster a healthier and more sustainable work environment. Now this also might involve establishing designated email blackout times when employees and their managers are encouraged not to send or respond to those non urgent messages outside of work hours. It's my opinion that driving cultural norms based on protecting employees well being through common sense and a good dose of self restraint, again, save that draft instead of hitting send. But that is a better solution than unenforceable low stakes legislation.

So as we wrap this up, I acknowledge that communicating outside of standard work hours can be convenient, but managers must be mindful of the negative consequences of sending emails late at night and on the weekends by prioritizing work life balance and setting clear boundaries around communication.

Managers and leaders can create a more supportive, respectful workplace culture for their team, and while the introduction of legislation to regulate after hours emailing by managers reflects growing concerns about work life balance, it's essential to consider the broader implications and explore alternate approaches, by fostering a culture of respect and accountability within organizations, and by providing guidance and support to managers, we can create healthier and more sustainable workplaces without relying solely on legislative measures. So how about we try a measure of common sense first, before we legislate.

Remember the future of work is not only about technology, it's about the values we uphold, the communities we build and the sustainable growth we strive for. We need to keep exploring, keep innovating and keep envisioning the remarkable possibilities that lie ahead as always, stay curious, stay informed and stay ahead of the curve.

Tune in next week for another insightful exploration of the trends shaping our professional world. And if you enjoy this content and you're watching on YouTube, make sure you hit the subscribe button and knock that little bell so that you get notified every time there's a new episode out. I'm making some other videos there too. So even if you're listening on a podcast, so even if you're listening on a podcast player, you're going to want to head over to youtube.com/janelandersonPhD, and subscribe so that you don't miss a thing wherever you are listening or watching. Please leave me a review. If that is an option. It helps other listeners find me, and it helps grow the podcast Until next time my friends be well and don't email after hours.