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Posted by cebert 3 hours ago

Michigan bill would bar employers from requiring after-hours coms with workers(www.cbsnews.com)
150 points | 82 comments
roughly 1 hour ago|
There's a weird incuriosity in the responses here for a place that calls itself Hacker News. "This doesn't happen to me" is about the least interesting or useful response you could have to someone telling you something happens to them. Someone is telling you the world works differently for them than it does for you, which means you've got an opportunity to learn something new about the world and expand your model. Every good hack comes from understanding the world well enough to see the hack in the first place - someone telling you about their lived experience of the world is a gift.
ToValueFunfetti 10 minutes ago||
Are there particular responses you have in mind? I can find two comments making this point, one which opens with

>Maybe I just have abnormal leverage

while the other opens with

>I'm curious

The top two top-level comments are responding to this trend, so I assume it is or was present, but I'm not seeing it. I do wish people would reply to the comments they find objectionable instead of doing these meta comments subtweeting them because I find I run into this issue often lately here (pot-kettle objection noted and accurate).

tbrownaw 33 minutes ago|||
> Someone is telling you the world works differently for them than it does for you, which means you've got an opportunity to learn something new about the world and expand your model.

...than it does for you, which means there's an opportunity for someone to expend resources verifying and characterizing the claimed difference.

darth_avocado 26 minutes ago||
It’s easy to dismiss something by saying “it’s not been my experience”. It would be a huge waste of time if every such claim requires expending resources verifying and characterizing the difference. There should be a higher bar for discourse on HN.
tbrownaw 22 minutes ago||
The comment I was replying to appears to be a call for unquestioning belief. Which is the far extreme in the opposite direction.
lokar 7 minutes ago|||
Assume good faith. Don’t cross examine.
malcolmgreaves 10 minutes ago||||
Not at all.
grayhatter 14 minutes ago|||
No, it doesn't, or at the very least, that wasn't my read and I don't think that's a reasonable interpretation. The comment starts with the topic, shock at the lack of curiosity from a group happy to comment in the theme of news interesting to hackers, and concludes with an argument that someone sharing their life/experience is something valuable.

IMO, the only reasonable argument one could take, is that roughly believes hackers should be curious, and that if you want to treat humans with the respect they deserve as individuals, you should default to trying to believe what they say, listening when they try to communicate, and avoid ignoring what they're trying to communicate just so you can interject something unrelated about yourself.

I not only agree, but I'm glad someone took a moment to encourage treating others with respect.

grayhatter 21 minutes ago||
> someone telling you about their lived experience of the world is a gift.

I'm not sure about that, but to your higher point, HN hasn't taken pride in it's nominative determinism, nor does it appear to be a desired trait from the majority. But the continued enshittifcation aside, "it doesn't happen to me" is still a useful observation. That shouldn't be read as a refutation, because I already agree with your point. The intent of most of the comments your objecting to, likely does come from a narcissistic compulsion, to turn the topic to something about them.

But I could easily say "it doesn't happen to me" while (poorly) trying to convey a message of encouragement towards self-confidence, and self-worth. Rather, it doesn't happen to me, because I haven't been gaslit into the shared and common delusion that: if you get fired, it'll because of something you did, and not because your manager felt like it. "Employee didn't answer the call/message at 10pm" is the reason they'll invent to fire you after they've decided to fire you. It won't be the root cause. You can just turn your messages off, and nothing bad will happen because you didn't respond.

Are there dysfunctional companies where something like that will get you fired? Absolutely! I would have hoped that existing wrongful termination laws would have already prevented this kinda thing, (if they don't that's a much larger problem) but I have no objections to making this an explicit law to compel the behavior of the sub-human group that would rather mistreat their coworkers. But given that within places that behave like this, this law would only fix a small subset of the pervasive human rights abuses inflicted during non-working hours. I feel like something more expansive should be done to protect those people from clearly abusive behavior.

I still expect that the vast majority of the people that would benefit from this, could simply just turn their phone off, and no one would notice... because while it's a problem, that does happen to some people, one that needs to be fixed! It doesn't happen to me, and probably doesn't really happen to you (most people) either.

quadrifoliate 1 hour ago||
Lots of privilege in this thread showing. This is the equivalent of "what global warming, it was so cold today". Please remember that just because you aren't expected to have consistent unpaid after-hours comms doesn't mean that others don't.

Bills like this would help a lot of people who are victims of "can you just take a look at this real quick" at 6pm. It does need to be at the country level though, otherwise employers will just play off states against each other.

nfw2 1 hour ago||
Most of the roles I've had involved irregular and long hours. In most cases, I've been happy to take these roles.

The article isn't clear how exactly this is intended to work. I think no surprise hours that aren't recognized in the terms of employment makes sense. But also I think I should be able to agree to being available if I am willing to be. Remote Michigan tech workers already have enough trouble as tech companies insist on returning to office.

idiotsecant 1 hour ago||
This is simple. You're on call, you're paid to be on call. Anyone accepting anything different is encouraging this behaviour. Unionize and this goes away.
tbrownaw 1 hour ago|||
> a lot of people who are victims of

Are there statistics somewhere about what percent of people in various roles get asked but know they're safe declining, or mistakenly think they can't decline, or correctly think they'd get in trouble for declining, or don't get asked but think they have to anyway?

Chu4eeno 1 hour ago||
I can recommend the documentary Office Space, it goes into great detail about this.
gwbas1c 1 hour ago|||
> It does need to be at the country level though, otherwise employers will just play off states against each other.

Laws like this often happen in the states first, if/when they catch on, it puts pressure on the federal government; often to avoid the confusion of 50 different variations on the law.

expedition32 23 minutes ago||
Buddha was exceptional because he actually WANTED to know what was going on outside of his luxury palace.

Most people just want to pretend everything is fine. They sleep better at night.

al_borland 1 hour ago||
Where I work, in Michigan, people used to be compensated if they were called for on-call work. Then, probably 15 years ago, they decided to give everyone a little raise, based on how much on-call work they did in the previous year, then ended the extra payment for on-call. Anyone who was hired for, or moved into, a position that required on-call work got nothing and continues to get nothing.

I used to get called a lot, when my boss also ran the critical incident team. These days, I don’t get called much, the there is always a looming threat. I miss the days when being done with work meant that I was actually done with work.

edent 3 hours ago||
Android used to have an "office hours" setting which would prevent specific email accounts from notifying you outside of your specified times.

I had my work GMail set to notify only between 0800 (so I could check for a "don't come in" message) and 1700 Mon-Fri. Of course, it didn't account for holidays / sick leave etc, but it was good at prevent me from panic checking every ping.

I wish that was a feature on modern Gmail. Or, indeed, WhatsApp and Signal. You can manually mute, but there's no way to silence specific notifications at specific times.

Regardless, employees shouldn't be expecting employees to be on-call without compensation. But users also need ways to manage this themselves.

Qem 59 minutes ago||
> Or, indeed, WhatsApp and Signal.

You can use Shelter from FDroid to create a separate work profile in the phone, with separate accounts, and then pause it after office hours.

vlunkr 52 minutes ago|||
I use 2 different email apps for exactly this reason. I can check my work email if I need to, but I don’t want notifications.
gumby271 3 hours ago|||
Check out Buzzkill, its a great app for managing notification rules. You can set it to hide and batch up notifications during your off hours and show them later.
throe9393i44i 3 hours ago||
Second phone?
pwg 2 hours ago||
Indeed. If $job is not willing to buy and hand me a "work phone" then they are out of luck, nothing for $job gets put onto my private phone. If they think they need this ability, then they also need to add a line item to their budgets for the cost of the phone and the service. And when faced with this alternative, they have not, so far, decided they want to pay for a phone.
yfontana 3 minutes ago|||
Having to lug 2 phones around has always seemed like more trouble than it's worth to me. I also don't like having multiple devices to do stuff that a single one could do, for environmental reasons, but that's not a very wide-spread opinion.

So I do have work stuff on my personal phone, but with no notifications whatsoever. Only works because I'm in a position where it's acceptable to require all communications to go through emails or messaging apps though.

lokar 3 minutes ago||||
I’m torn. I’d prefer the 2nd phone, but at some point it’s not worth arguing about. If they are paying enough I just mentally subtract the cost from my comp.
SoftTalker 2 hours ago||||
Where do you draw the line? If the employer wants you to install a 2FA app on your phone, do you demand a separate phone or alternate 2FA device for that and mark yourself as a troublemaker? Or do you just do what 99.8% of the staff does and install the app?
childofhedgehog 2 hours ago|||
My IT department and I fully support staff requesting YubiKeys, there’s no concept of being a “troublemaker” for having boundaries and respecting security requirements. I’d talk to your IT management if your company culture seems different, I bet the actual techs do not have an issue with this.
pwg 2 hours ago||||
> Where do you draw the line?

If they want me to have some "special device", they pay for the hardware for me to have said "special device".

My private phone is not for their use, ever.

SoftTalker 1 hour ago|||
Take for example a university. Many of them seem to use Duo[1], which is not something you can replace with Google Authenticator or other TOTP app. They require it for students as well as faculty and staff. Is it reasonable for them to have to provide a device to all those people, forcing them to carry two devices around, and then also deal with replacing lost or broken devices? The cost of this would simply be added to the technology fee that students have to pay, when they all already have smartphones and could use the app for no additional cost.

[1] https://duo.com/

lesuorac 1 hour ago|||
Seems pretty in line with a recent frontpost of "Pre-Modern Armies for Worldbuilders, Part III: Paying for It " [1].

There's a cost for everything and while you can "devolve" the cost downwards of a phone to an employee it's probably correct (in capitalism perspective) for an employer to pay for any tool they require so that the input costs are correctly correlated to the output price.

[1]: https://news.ycombinator.com/item?id=48689859

nosioptar 2 hours ago||||
I'm happy to be the "troublemaker". In my experience, one troublemaker can often recruit others to their cause.
gruez 2 hours ago||
>In my experience, one troublemaker can often recruit others to their cause.

Maybe if your company is filled with the type of people who run archlinux on their IBM era thinkpads, but otherwise I would be very surprised if could find even one or two sympathetic people who are also against installing a 2fa app. Even if you can get your manager to cave, it'll be less because they want to be "troublemakers" themselves, and more because they don't to deal with the hassle of arguing with you.

nosioptar 1 hour ago||
Dude, your characterization of me being an arch user with an ancient latop is clearly in bad faith.

Maybe you're incapable of communicating with your coworkers about how your employer exploits you. I graduated third grade, so I'm not.

tassadarforaiur 1 hour ago||||
One of the biggest banks in the US forces staff and contractors alike to install a proprietary 2fa app on their personal devices. if you can get a company phone, you can't finish activating the MDM, to install the company 2fa app, without first using that 2fa app on your personal device. Even a company yubikey can't be activated without the 2fa appp, which again, you can't get on a company device without first installing it on your personal device.
nkrisc 1 hour ago||
What about people who don’t have smartphones? Not everyone has one.
brendoelfrendo 20 minutes ago||||
They can buy a USB Fido token. I've had this argument with employers in the past; some states have laws that require the employer compensate employees for requiring the use of their personal mobile device, even for something as simple as MFA. There's no such thing as a free lunch: if you want to require an employee do something, you must be willing to pay for that capability. Ethically, I think all employers should be held to this standard. Legally, anyone who employs people in California, Montana, and I think Massachusetts must be aware of that standard.
tough 2 hours ago||||
I would install the app on the shittiest iPhone backup i have (I must have like 10 iPhones by now, i dont sell old ones)

You can also perfectly use 2fa without a phone, unless your shitty company is using some shitty propietary 2fa, and even then, its just a "key" or "qr" they give you, that then you totally control and can use in mostly any 2fa compatible app, like Passwords. app from apple, 1Password, or Authy (RIP)

Installing shitty apps just cause your company tells you to is a great way to get your personal phone hacked too

Sames goes with all the MITM bullshit, If you want to install malware on my 6k macbook, you've gonna have to buy me your own "work macbook" for me to handle that shit. And i wont touch it for anything else than work. But installing spyware from work in my personal computer is a big NO NO.

gruez 1 hour ago||
>You can also perfectly use 2fa without a phone, unless your shitty company is using some shitty propietary 2fa, and even then, its just a "key" or "qr" they give you, that then you totally control and can use in mostly any 2fa compatible app, like Passwords. app from apple, 1Password, or Authy (RIP)

Only if they're using RFC 6238 TOTP, and not some weird 2fa app. It's ironic you mention authy because they have their own weird TOTP scheme, along with push notification based approval system.

tough 1 hour ago||
Authy is also EOL since it was acquired by twilio and tossed into the do not recycle bin it seems...

But yeah, things can get messy depending on the specifics, but not installing random apps on your personal phone seems like a pretty reasonable line to make.

I only mentioned Authy cause it was my go-to for 2fa before they got acquired

idiotsecant 1 hour ago|||
Yes. That is where you draw the line. Work use of your personal device. Why is this so hard to imagine? If you're working somewhere where not donating resources to your employer means you are a troublemaker, it's time to find new work.
tbrownaw 1 hour ago|||
> Indeed. If $job is not willing to buy and hand me a "work phone" then they are out of luck

My employer has a BYOD program with a monthly stipend that is somewhat more than my phone provider (Fi) charges for an extra line. I think doing this with a non-flagship phone would probably pay for itself in a year or two.

theptip 1 hour ago||
This seems mostly good for restaurants, some concerns I had from the title seem to be handled reasonably.

It’s not preventing “can anyone cover Saturday” messages in a group chat. Just the case where shift changes are made and workers are _required_ to work outside their contracted hours. Seems this would fit with what good food service employers do, would put pressure on the more abusive fast food chains. Maybe the flexible shift is more important than I credit though?

Unless I’m missing something it would ban the standard startup model for oncall, meaning Michigan would be made (even more) unattractive for tech startups. Unless we just re-comp everyone to include an SRE stipend as part of the contracted salary package? Unsure if that could work, maybe? SWE is typically well over minimum wage so maybe this just nets out the same?

swiftcoder 55 minutes ago||
It only bans uncontracted oncall. If your job description includes on call responsibilities (and compensates for them appropriately), it doesn’t appear that would be a problem?
connicpu 50 minutes ago||
If you make over $130k then you make enough that you can be worked 24/7 without violating a $15 minimum wage + 1.5x over 40 hours per week.
nickjj 2 hours ago||
I'm curious, how often are people getting contacted outside of work hours for "regular" jobs?

I do SRE / Platform type of work where I'm technically on-call 24/7/365 but as a salaried worker I don't receive over time or anything like that. If an on-call event happens where I end up putting in 2 hours on a Saturday or Thursday night, I'd use my discretion to leave early or start late another day.

In the roles where on-call was an expectation, it was focused to critical downtime events, not to answer a Slack message from someone working in a different time zone or non-standard schedule. I don't even have work Slack or email on my personal phone. If PagerDuty goes off from a critical alert I get called, that's the only way I get contacted outside of normal hours.

stackskipton 7 minutes ago||
I'm SRE/Platform, I got paged out last night because Devs apparently can't properly crash applications. Sure, I can move hours as well but my partner doesn't care that I get off at 3 on this Friday instead of 5, she has to work till 5 and my page out interrupted our outing to the movies. Not everyone life is ultra flexible.
siliconc0w 1 hour ago|||
Google pays their oncall a % of their full-time base salary depending on the oncall tier (5 min response time vs 30 minutes).

This should probably be required - there is a different mindset and set of restrictions when you're expected to pick up a page. It also forces companies to use on-call judiciously - not every service needs a 5 min SLO.

lokar 1 minute ago||
When I worked there I spent a lot of time talking teams out of a 5min commitment. It’s really crazy.
Aurornis 1 hour ago|||
> I'm curious, how often are people getting contacted outside of work hours for "regular" jobs?

It’s all over the place. Most of my jobs wouldn’t intentionally contact someone after hours or on weekends unless it was a real emergency or urgency that couldn’t be avoided.

I did work for one company with an executive who liked to work odd hours and demanded responsiveness from everyone. Got so bad that he would regularly be unavailable during the workweek daytime hours but would start tagging people in Slack on Sunday morning or at 9PM. He would threaten to fire people who weren’t responsive enough and I once got threatened for not responding fast enough on vacation. As you might expect, turnover was very high for that company.

More generally there is a problem with people not understanding how communication tools like Slack should be used. I’ve had to teach a lot of non-technical people how to disable push notifications for every message in Slack. They would install the app and start receiving push messages for everything said in all of their channels, then they would think that meant they had to respond to it. You have to set some expectations and communicate what’s expected, otherwise some people will assume every message that appears on their phone is something that needs acknowledgement right away.

BoxFour 1 hour ago|||
It's incredibly common in retail/food service/hopsitality/etc.

Usually about covering shifts.

Spooky23 1 hour ago||
Yeah, it’s basically cheap operators pushing problems down. My wife was in this business, and worked for a company that gave them full control.

Basically they paid like $2-3/hr (15-25%) more and fired people who called out twice. Their turnover and shrink was like half of the norm and it was a really successful business.

Low turnover is a big deal in that business. Transient employees pilfer like crazy and fuck up more. You yield a good ROI on shrink with smarter labor. A fucked up preparation or stolen cold cut ham can cost a weeks labor.

cadamsdotcom 2 hours ago||
You are lucky in that you don’t have the type of employer who needs to be reined in via the law.

There are some true scumbags out there.

Havoc 2 hours ago||
Maybe I just have abnormal leverage but I've never had after hours coms be an issue.

I've had two phone for basically all my working life and just don't look at it outside of work hours. Don't think I've ever been challenged on why are you not reading after hour messages. Everyone around me is professional enough to know that its a discussion that would go poorly.

cmatta 2 hours ago||
This is a pretty self-selecting group, so I'm not surprised that most people reading this don't have a problem with after-hours coms. If you've ever worked in hospitality or retail, you'll know that managers will call/contact you at all hours to make sure they have coverage. It's irritating.
tbrownaw 2 hours ago|||
> Maybe I just have abnormal leverage

It could also be a personality thing or a worldview thing.

Some people just have a hard time saying "no" in general, or are constantly looking for reasons to jump at shadows.

Or there's people teaching that the world runs on class warfare and anyone with any amount of power is always looking for an excuse to abuse that power.

tough 2 hours ago|||
You probably have been just lucky with your bosses?

Slack also works on weekends and at the AM

Spooky23 1 hour ago||
Your fortunate. If you’re adjacent to operations or power, after hours comms is a common experience.
cebert 3 hours ago||
Direct link to the bill: https://legislature.mi.gov/Bills/Bill?ObjectName=2026-SB-094...
tbrownaw 2 hours ago||
How would this interact with existing rules around exempt / non-exempt (roughly, salaried vs hourly) employees?

I would think it would already be expensive to make someone paid by the hour do extra work stuff during time they're not already being paid for.

tptacek 2 hours ago|
It doesn't. As drafted it applies to exempt employees. (It's just a proposed bill; it's unlikely to happen and if it picked up any steam presumably it would be drafted more carefully.)
ElProlactin 2 hours ago|
While I don't disagree with the intent, the reality is that workers are already at a significant disadvantage and many don't feel they have the leverage to be more firm about boundaries (with most of them feeling this way being correct about their lack of leverage).

Laws like this will just encourage workarounds (like moving work to jurisdictions where such laws don't exist) and, eventually and wherever possible, elimination of positions (AI).

cadamsdotcom 2 hours ago|
While I understand how you can see it this way, laws like this have worked in many other places (yes some of those were places where employers had fewer options to move interstate, but that’s a costly thing to do for employers)

It does actually work - think of it like a speed limit. If everyone is forced to go at a certain maximum speed (ie. the same max no. of contact hours per week per employee) then it’s not a (relative) loss if a business can’t operate at “full capacity” for more hours than its competitors.

ElProlactin 2 hours ago||
I won't say that laws like this can't have any impact, but it's a global marketplace and change is constant.

Executive/virtual assistants, travel coordinators, bookkeepers, cold callers, real estate transaction coordinators, social media marketing managers, medical transcriptionists and billers, customer service reps, medical records analysis, architectural drafting, video editors, etc.

Many Americans used to be able to earn decent wages working in these roles. Now, it's much harder and there's much less opportunity. A ton of these roles are now filled by freelancers/contractors in places like the Philippines.

Obviously, this didn't happen just because of US labor laws. Wages are the big driver. But laws like this do in some cases give businesses reason to look at places where wages are lower and employees are more "flexible".

It's easy for tech people who feel secure in 6-figure/year jobs to scoff at this but go and talk to someone who used to work in these types of roles how life has been over the past decade.

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