USA – TEXAS Law and Practice Contributed by: Alana Ackels and Katie Beaird, Bell Nunnally & Martin
which is set to take effect on 4 September 2024 if it is not enjoined. For further details on this ban and on non-solicitation agreements in Texas, please see the USA – Texas Trends and Development chapter in this guide. 3. Data Privacy 3.1 Data Privacy Law and Employment The biggest privacy issue facing companies is the intermingling between the personal and professional lives of workers caused by the drastic rise in consist - ent remote work. Prior to 2020, remote work was not unheard of; however, it was not the norm it is pres - ently. Accordingly, there are both worker-specific and business-specific considerations to which companies must pay attention. From the worker end, companies must make sure that none of their monitoring equipment or systems unlaw - fully intrude on the worker’s right to privacy. That level of privacy varies by state. In Texas, employers should adopt policies making it clear that the employee has no right to privacy on company equipment or systems, including phone, email, chat and voicemail. From the company end, businesses must require and enforce adequate protections to ensure their con - fidential information and any trade secret material does not become compromised (either by accident or intent). This requires heightened attention to informa - tion security and meticulous enforcement of policies and practices for remote workers or those who regu - larly deal with such information outside of the confines of a business’ physical premises.
the foreseeable future. Thus, employers must allow for a delay in the application process when arranging for their foreign workforce to start employment in the USA. Additionally, many H-1B workers have taken advan - tage of the work-from-home opportunities in the past few years and have relocated to areas outside their approved H-1B locations without filing amendments to their H-1B petitions. This causes a change of sta - tus for employees and impacts the renewal of visas, requiring the employees to return to their previous country. Identifying and remedying these issues far in advance of the renewal process may alleviate com - plications. 4.2 Registration Requirements for Foreign Workers Apart from the application process with the United States Citizenship and Immigration Services (USCIS) for the applicable employment-based visa, the USA and Texas do not have requirements to register foreign workers. As the world continues to adapt after the pandemic and with new generations entering the workforce and management, remote or hybrid work is the expecta - tion and norm in some industries. Although there are many benefits to remote work, certain legal issues that were not commonplace before have arisen during the past few years. Accurate Logging of Hours by Remote Workers As discussed in 1.3 Working Hours , employers in Texas must track their hourly non-exempt employ - ees’ hours and pay them the proper wages, includ - ing overtime. Tracking hours can be challenging in a remote work setting, with employees having more freedom to multi-task work and non-work activities. Employers should establish policies regarding track - ing and reporting hours and may want to implement software to monitor work hours if productivity seems to have dipped compared to hours worked. If soft - 5. New Work 5.1 Mobile Work
4. Foreign Workers 4.1 Limitations on Foreign Workers
Foreign (ie, non-US) workers looking to work in Texas are required to have some form of authorisation, which typically comes in the form of a work visa. There is a waiting list of more than a year for visa interviews in some countries. The USA is still feeling the effects of the COVID-19 pandemic-era state department shut - downs, and this is expected to continue to be felt for
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