Guide To Workplaces Surveillance Laws In Texas

Surveillance in the workplace is mostly governed by a combination of state laws, which means they can vary. What makes the matter more complicated is that a state’s laws might impact you even if you aren’t registered there. For example, the California Consumer Privacy Act applies to companies that do business in California.

To make matters more complicated, there are also federal policies that impact workplace surveillance. The Electronic Communications Privacy Act (ECPA) covers the right to digital privacy and sets out the terms for legal interception of digital and electronic communication between two parties. The ECPA does permit companies to intercept communications that take place on systems the company owns and uses to conduct business.

In short, if you’re going to monitor or record employee activity and communication you should have a clear business-related reason to do so and make it abundantly clear how and when you plan to conduct surveillance.

It’s reasonable to expect that your employees may conduct some personal business while at work. Unless you expressly require them to avoid doing so, you will have to cease monitoring when you realize the activity is of a personal nature.

Businesses and employees both have rights and it’s a good idea for business owners to fully understand the surveillance laws and educate employees on the relevant statutes in a company handbook or purpose-written surveillance policy. This guide is meant to help introduce you to common workplace surveillance laws and concepts. Please make sure to review your local laws before implementing any policies.

From a federal standpoint, the Fourth Amendment protects citizens from search and seizure without a warrant. However, businesses can require employees to relinquish their privacy rights as a condition of employment.

Texas law is written in such a way that the best approach for a company is to set clear and upfront expectations about employee privacy and reinforce those policies with signed consent forms.

Otherwise, it is the purview of the business to conduct physical searches, read work emails, monitor work-related phone calls, and record employees on surveillance cameras in the workplace (except in bathrooms and locker rooms).

Security video cameras are a common tool to deter theft and produce clarifying evidence when something goes wrong in the workplace. Bathrooms and locker rooms are off-limits, as would be other areas where the employee would have a reasonable expectation of privacy, such as a courtesy room for nursing mothers. Some state laws may further restrict the use of surveillance cameras in the workplace. Labor unions can also negotiate for additional restrictions beyond what is required by state and federal governments.

In many states, it is a legal requirement to obtain consent from all parties involved when conducting audio recordings. Failure to do so may result in unlawful recording, which is intricately connected to federal and state wiretapping and eavesdropping laws. These laws aim to establish a comprehensive framework that ensures privacy and protection for individuals in different contexts and modes of audio recording.

However, in the state of Texas, privacy laws operate under a “one-party consent” rule when it comes to recording conversations, whether they’re oral or electronic. This means that, in most situations, you are legally allowed to record a conversation that you are a part of without getting consent from the other parties involved. The Texas Penal Code Section 16.02, which covers wiretapping and the interception of communications, stipulates this clearly. However, it’s crucial to note that this law applies only when at least one party involved in the conversation has given consent, which could be you as the recorder. Recording conversations that you are not directly involved in, or eavesdropping, is generally considered illegal. It’s always essential to understand the nuances of these laws or consult with a legal professional to ensure compliance.

If you’re providing the software tools and accounts for employees to communicate over email and instant messaging, those accounts can be monitored without prior notice. If an employee is using a private email or instant messaging account while at work, the employer does not have the right to monitor or read those communications.

Conversations held over business-owned landlines can be monitored freely by the company unless it is explicitly evident that the conversation pertains to personal matters. This practice allows organizations to uphold information security measures and maintain confidentiality in professional exchanges.

If you provide mobile devices to employees you are also entitled to monitor the activity on that device. This includes phone calls, text messaging, photos, videos, location, contacts, internet activity, and email.

The laws governing employee use of social media vary and in some cases, companies have established policies that violate federal law.

There are state laws that protect employees’ right to post whatever they choose about their employer as long as it happens outside of work hours and isn’t defamatory.

Employees have been fired for things they post on social media, even if the posting account is of a personal nature (distinct from an account that is part of the employee’s role at the company). This situation is evolving as unprecedented situations arise.

In general, when an employee receives physical mail addressed to them at the workplace, it is commonly accepted that the company or an authorized representative has the authority to open and review the mail. This practice ensures that any relevant information or official documents can be promptly accessed, handled, and appropriately directed within the organizational structure.

For the most part, if an employee receives physical mail addressed to them at the workplace, that mail can be opened by the company or an authorized representative.

Fingerprints verification and retinal scanning are not unheard security protocols for businesses, especially if the work is of a sensitive nature. Businesses have the right to monitor these biometric markers as it relates to the requirements of the job.

In extreme cases, such as implanting RFID chips into an employee’s body, certain states such as Missouri, North Dakota, and Wisconsin prohibit it entirely.

If an employee has concerns that their privacy rights have been violated they can contact their state department of labor or a licensed employment attorney.

In conclusion, as a business owner in Texas, understanding and navigating the complexities of surveillance laws is essential. While it’s critical to protect your business, it’s equally important to respect the privacy of your employees and clients. The one-party consent rule and other surveillance laws in Texas provide some leeway, but they must be applied judiciously to ensure you’re not infringing upon individual privacy rights. Balancing these considerations can be challenging, but you don’t have to do it alone. We encourage you to reach out to the professionals at i.e. Smart Systems. As experts in creating comprehensive and compliant security systems, they can provide the guidance and support you need to protect your business while respecting the rights of those who help it thrive.

i.e.Smart Systems is a Houston, TX based technology integration partner that specializes in design and installation of audio/visual technology and structured cabling. For more than three decades, our team of in-house experts has partnered with business owners, architectural firms, general contractors, construction managers, real estate developers, and designers in the Houston market, to deliver reliable, scalable solutions that align with their unique goals.