Remember when the workday ended at 5:00 pm?

In today’s always-on world, the “infinite workday” has quietly taken over—creeping into dinners, weekends, and even that quaint concept known as a “vacation.”  With smartphones in every pocket and teams spread across multiple time zones, work now follows us everywhere.  Microsoft’s 2025 Work Trend Index confirms what many leaders already sense: work is no longer confined by time or place—it’s always on. 

The data is striking. By 6:00 a.m., 40% of workers are already checking email. During core hours, employees are interrupted every two minutes by meetings, messages, and alerts.  And the day doesn’t end at dinner—nearly a third of workers are back in their inboxes by 10:00 p.m.  Weekend work is also on the rise with nearly 20% of employees checking email before noon on Saturdays and Sundays.  While the flexibility to work anytime, anywhere can be empowering, it also brings legal, operational, and cultural challenges that employers ignore at their peril.

The Rise of the “Right to Disconnect”

The infinite workday isn’t just stretching schedules – it’s stretching people thin.  Microsoft’s data shows that one in three employees say the pace of work has made it impossible to keep up. Half of employees and leaders describe their work as chaotic and fragmented. 

A major driver of this strain is the overwhelming volume of digital communication.  According to the Index, on average, employees receive more than 100 emails and 150 Teams messages every workday.  In fact, some exasperated workers have declared “email bankruptcy” – deleting their entire inbox of unanswered emails in an effort to regain control.  It’s a clear sign that employees are struggling to keep up with the volume and velocity of communication.

In response, governments around the world are stepping in with “right to disconnect” laws – designed to protect employees from the expectation of 24/7 availability.  Countries including Argentina, Australia, Belgium, Chile, France, Slovenia, and Spain have enacted laws limiting after-hours communications.  Our neighbors in Ontario, Canada mandate written disconnect-from-work policies for employers with 25+ employees.

While the U.S. has no such law yet, the conversation is gaining traction.  As we reported last year, California proposed but ultimately did not enact a right-to-disconnect law in 2024, and New Jersey introduced similar legislation that remains under review.

Legal Risks for Employers

Even in the absence of formal legislation, the risks of an always-on culture are real and growing:

• Wage and Hour Violations.  Non-exempt (“hourly”) employees working off the clock – even voluntarily—can trigger wage claims, class actions, and penalties under the Fair Labor Standards Act and comparable state laws. 
• Mental Health and Burnout.  Constant connectivity can lead to stress-related claims under the Americans with Disabilities Act, Family Medical Leave Act, and comparable state laws as well as workers’ compensation rules.
• Data Privacy and Security.  After-hours work on personal or unsecured devices increases the risk of data breaches and non-compliance with laws such as the California Privacy Rights Act and the European Union’s General Data Protection Regulation.
• Discrimination and Equity Concerns.  An always-on culture may disproportionately impact caregivers, parents, and employees in different time zones—raising potential claims of disparate impact or failure to accommodate.

Best Practices

To stay ahead of legal and cultural shifts, employers should consider the following steps:

• Establish Clear Boundaries.  Define expectations for work hours and after-hours communication in policies and handbooks, especially for non-exempt employees.
• Train Managers.  Educate leaders on the legal risks and model healthy behavior around availability and responsiveness.
• Audit Timekeeping Systems.  Ensure all work—especially by non-exempt employees— is accurately tracked and compensated.
• Encourage Disconnecting.   Promote a culture that values rest and recovery, and discourage after-hours messages unless truly necessary.

Final Thoughts

The infinite workday is here—but it doesn’t have to mean infinite liability.  By understanding the evolving legal landscape and implementing thoughtful, proactive polices, employers can protect both their workforce and their business.