By Evan Lange
Mostly, yes. Texas employers can generally monitor company email, computers, chat tools like Slack and Teams, and work phones, especially when a written policy tells employees they have no expectation of privacy. Video cameras without sound are generally allowed in work areas. But there are limits: Texas is a one-party consent state, so recording conversations no one involved agreed to is a crime; audio recording requires notice and consent; cameras can never be placed where people undress, such as restrooms; an employer must stop listening once a call is clearly personal; capturing fingerprints or face scans requires notice and consent; and spying on employees’ protected union or group activity violates federal labor law.
Keystroke trackers, screenshots every ten minutes, GPS in the company truck, cameras over the register, “productivity scores” for remote workers. Workplace monitoring has exploded, and many Houston employees don’t know what their employer can see, or what crosses the line.
An employer that owns the systems can generally monitor what happens on them. The Texas Workforce Commission’s guide for employers recommends a written policy telling employees that company systems may be monitored and that they have no expectation of privacy, and Texas courts have sided with employers when such a policy exists. In McLaren v. Microsoft, a Dallas appeals court rejected an invasion-of-privacy claim over an employer’s review of an employee’s work email.
Texas is a one-party consent state: a conversation can be recorded if at least one person in it agrees. Recording a conversation when no party has consented is a felony.
More on cell phone policies at work.
If you find a camera in a restroom, locker room or changing area at work, report it to police and HR immediately. Learn about harassment at work.
Texas’s Capture or Use of Biometric Identifier Act requires notice and consent before a business captures a fingerprint, retina or iris scan, voiceprint, or face or hand geometry for a commercial purpose. It also limits selling or sharing that data and generally requires it to be destroyed within a year after the purpose for collecting it ends. Only the Texas Attorney General can enforce the law, with civil penalties of up to $25,000 per violation.
Even lawful monitoring tools can be used illegally. Warning signs:
See retaliation in the workplace and getting fired for a social media post.
Generally yes. Employers can monitor company email and messaging systems, especially when a written policy tells employees they have no expectation of privacy. Texas courts have rejected privacy claims over employers reviewing work email.
Employers can generally monitor business calls on company phones and should give notice. Texas is a one-party consent state, and an employer must stop listening once it is clear a call is personal.
Video-only cameras are generally legal in work areas. Recording audio requires notice and consent, and cameras are never allowed in restrooms or changing areas, where invasive visual recording is a felony.
Texas is a one-party consent state, so you can generally record a conversation you take part in. However, your employer may still discipline you for violating a workplace no-recording policy.
Texas law requires notice and consent before a business captures biometric identifiers like fingerprints or face scans, and limits how that data is shared and how long it is kept.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review whether your employer’s surveillance crossed a legal line or was used to retaliate against you, and whether a firing was a wrongful termination.
Your employer can watch the work.
The law still draws lines around you.
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