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Remote work expansion has reshaped how employment functions by adding intricate layers to the enforcement of employment laws. Remote workers residing in Texas must grasp the relationship between federal and state regulations to help both employees and employers maintain compliance and protect their rights.
To understand which federal and Texas employment laws apply to you as a remote worker, contact Galo Law Firm today by giving us a call at 210-764-6135. We can help you know your rights and help you pursue legal action if those rights have been infringed.
Employees working remotely or telecommuting complete their job tasks away from conventional office environments, usually while at home. The practice introduces special legal issues because different employment laws become relevant depending on where the worker performs their job.
Federal employment laws deliver essential protections for all employees no matter where their work is performed.
The Fair Labor Standards Act defines the minimum wage requirements and establishes rules for overtime pay, along with recordkeeping standards.
Texas remote workers who fall under non-exempt status must earn the minimum wage as defined by federal law and receive overtime compensation for any time worked beyond 40 hours in a single workweek. Employers must provide payment for all hours worked by their employees, even if the remote work performed was not requested but allowed.
The law permits eligible employees to take 12 weeks of job-protected leave without pay for certain medical and family-related circumstances. Texas remote workers who fulfill eligibility requirements have the right to take FMLA leave.
The law mandates that employers supply reasonable accommodations for their disabled workers. Under certain situations, remote work qualifies as a reasonable accommodation.
In addition to federal laws, Texas employers must also abide by state laws for remote workers.
Texas ensures employees have the right to earn a minimum wage. While this wage may be different from the federal minimum wage, the higher of the two is considered the legal threshold.
Texas requires overtime pay at one and a half times the normal hourly rate for any work beyond 40 hours weekly, following federal FLSA standards.
The state of Texas leaves it up to private employers to decide whether they want to obtain workers’ compensation insurance. Remote workers might receive benefits when their employer participates in the system, and the injury happens during work-related activities.
Employers must ensure safety in work environments, and this responsibility includes remote work locations for their employees. The Occupational Safety and Health Administration (OSHA) does not perform regular inspections of home offices, yet employers remain obligated to document and report injuries and illnesses related to remote work.
Examples of injuries that could occur in remote settings include being injured by equipment that was required by the employer (such as a computer explosion), handling hazardous materials at home (such as home lab equipment), or work-related stress.
Working remotely requires careful attention to the laws of the nation and state. However, there may be extra considerations to take.
Employers based in Texas with remote employees living in other states must follow the specific employment regulations of each state where their employees reside, as these regulations include different standards for minimum wage and overtime pay and rules for expense reimbursement. Business leaders need to recognize these legislative variations and modify their policies to reflect them.
Remote work settings must adhere to the same harassment and professional conduct policies as on-site work environments. Business leaders need to establish clear behavioral guidelines and offer reporting systems for misconduct during electronic communication and virtual meetings.
Remote work policies need to be applied in a fair manner by employers to avoid discrimination claims. The evaluation of remote work eligibility must rely on measurable criteria that pertain to job responsibilities and organizational requirements. The ADA recognizes remote work as an acceptable accommodation for employees who have disabilities.
In remote work settings, it is essential to maintain strong protection of sensitive company information. Organizations need to establish strong cybersecurity measures, which should include virtual private networks (VPNs), firewalls, antivirus software, and secure password protocols. Training employees about best practices like refraining from using public Wi-Fi for work responsibilities and performing regular software updates can severely help improve security.
At Galo Law Firm, we can help you understand employment law as it relates to remote work. Contact us today at 210-764-6135 to get started.