We’re not talking about unique agreements. We’re talking about below or at market rate compensated roles where you’re expected to be available after hours, on top of a 40 hour work week. No, I don’t think that should be allowed unless you’re compensated specially for the time you’re on call, as well as when you need to actively engage while on call (removing exempt employee status for technology professionals). This is no different than roles like nursing, or IT in developed countries with robust labor regulations.

People don’t need to be protected from themselves. They need to be protected from employers, who have more power than labor (through at will employment and a lack of collective bargaining). Simply because some are willing to work for free does not mean that technology professionals as a whole should accept such a poor arrangement, because it’s been normalized as such by employees who accept it.

European countries are moving in this direction (prohibiting email access outside of business hours), and I hope to see more progress on this front in the US over time.