Remote Work Plan

Remote Work Plan

Policy Description

Remote work is an authorized arrangement that allows an employee to conduct all or some agency business at a place other than the employee’s regular or assigned temporary place of employment during all or a portion of the employee’s established work hours. The State Office of Administrative Hearings (SOAH) recognizes that employees can effectively perform most of their job duties from home or some other remote location. Furthermore, SOAH recognizes the benefits of allowing employees to work from alternative worksites on a recurring, temporary, or ad hoc basis. Some recognized benefits of remote work include: an increase in employee efficiency, productivity, and morale; the reduction of traffic and parking congestion; and related cost/resource savings for both employees and the agency.

Based upon the needs of the agency and the duties of certain positions, participation in remote work may not be available to all SOAH employees or at all times. The ability to work remotely is a privilege, not a right, that can be revoked at any time and without notice or reason. Employees who receive authorization to work remotely must complete their work in accordance with the same performance standards that apply at their regular work location and continue to report to their regular work location whenever in-person interaction is necessary. All SOAH policies, including those on confidentiality, ethics, cybersecurity, timekeeping, state-owned property, and others as appropriate, must be followed while working remotely.

Policy

A. Employee Eligibility for Remote Work

In accordance with Texas Government Code §§ 658.010 and 658.011, SOAH employees may be eligible for remote work through a Remote Work Program Participation Agreement approved by the Chief Administrative Law Judge (Chief ALJ), subject to the requirements of this plan. To be eligible for participation in remote work, employees must:

• Have job duties that are suitable for remote work;
• Receive approval from their supervisor;
• Have received a rating of “meets expectations” or higher on their most recent performance evaluation;
• Maintain a reliable high-speed internet connection at their own expense with sufficient bandwidth to support the business needs of their position;
• Be capable of maintaining satisfactory job productivity and performance while working remotely; and
• Meet other relevant standards that are applicable to the position.

Eligibility to participate in remote work does not guarantee actual participation. All employees must receive prior written approval from the Chief Administrative Law Judge to work remotely.

Remote Work Participation Agreements must be renewed annually, and authorization during a prior year does not guarantee continued participation in remote work.

B. Proper Usage of Remote Work

An employee may be approved to participate in remote work for reasons including the following:

Remote work may be authorized by the Chief ALJ for the purposes of:

• providing reasonable workplace flexibility that enhances SOAH’s mission;
• employee travel;
• limited office space, including limited access to suitable hearings facilities;
• employee health and safety;
• inclement weather conditions;
• public disaster declarations that affect the ability of employees to report to work at their regularly-assigned SOAH office location;
• agency necessity; or
• other reasons approved by the Chief Administrative Law Judge, subject to the limitations of applicable law.

While SOAH’s remote work plan provides employees with the flexibility they may need to better manage their work and family or personal responsibilities, employees may not use remote work as a substitute for sick leave, family medical leave, or a workplace accommodation. In such cases, an employee may be required to take available leave as appropriate and comply with other applicable policies and documentation requirements. For example, if an employee with a qualifying disability is requesting to work remotely as a reasonable workplace accommodation pursuant to the Americans with Disabilities Act (ADA) or Pregnant Workers Fairness Act (PWFA), the employee must submit all required documentation for that purpose. For more information, see SOAH’s policy on Reasonable Accommodations for Employees and Applicants with Disabilities.

The official worksite for all SOAH employees remains the SOAH office location to which they are assigned, and not their personal residence or telework location. SOAH employees may be required at any time to report to or work at their regularly assigned state office location. All staff are expected to report to or work at their SOAH office location as directed by their supervisor or as determined by SOAH Executive Leadership, and whenever necessary to perform essential tasks.

An employee may not continuously engage in remote work for longer than 14 days from another state or a location that would prevent them from being able to promptly report to their assigned SOAH office without prior approval of the Chief Administrative Law Judge. Additionally, an employee may not conduct in-person business at their personal residence while participating in remote work.

C. Employee Responsibilities

Performance Standards

An employee’s abuse of remote work or any violation of this policy may lead to suspension or revocation of the employee’s approval to participate in remote work and/or other disciplinary action, up to and including termination.

Employees working remotely must complete their work in accordance with the same satisfactory performance standards that regularly apply and must continue to perform required job duties at the expected level with minimal impact to SOAH customers and other SOAH employees. Furthermore, remote work employees must adhere to all SOAH policies, as appropriate, with a particular emphasis on ensuring confidentiality and maintaining appropriate physical and information security of SOAH systems, information, and work product.

Administrative law judges (ALJ) conducting hearings remotely must strictly adhere to heightened standards of the ALJ Code of Conduct for Remote Proceedings and this remote work plan to maintain proper decorum and focus across all proceedings.

Use of SOAH-Issued Property

Employees must use SOAH-issued computers for remote work in order to remotely access SOAH files. Employees who desire to participate in remote work are responsible for maintaining a reliable high-speed internet connection at their own expense with sufficient bandwidth to support the business needs of their position. Employees without reliable internet service or who experience temporary internet connectivity problems during regular business hours are expected to attend work at their regularly assigned state office location to avoid the disruption of agency business. Non-exempt employees and employees travelling on official state business may be eligible to receive a SOAH-issued mobile “hot spot” device to remotely access SOAH systems on a temporary or case-by-case basis.

Employees working remotely have no expectation of privacy in the use of SOAH’s computer devices, e-mail, databases, and network systems. All use of such devices or systems may be monitored at any time with or without notice, and any and all messages, files, and other information sent, relayed, or received with SOAH’s computer, e-mail, and Internet systems are the property of SOAH, are stored on one or more SOAH computers, and may be subject to SOAH review at any time.

Furthermore, when using SOAH-issued devices, employees working remotely must strictly follow all policies and procedures for conducting state business using state-owned property. In the event any property of SOAH within an employee’s care is lost, stolen, damaged, or destroyed, the employee must immediately inform his or her supervisor. In the event an employee’s employment is terminated while working remotely, it is the employee’s responsibility to return all SOAH-issued devices to SOAH.

Adequate Workspace

Employees are expected to work from an adequately prepared workspace that supports the business needs of their position, taking into consideration the need to promote good customer service, limit unnecessary distractions and noise, and provide reasonable safeguards for the protection of confidential information and agency communications. SOAH does not provide office equipment, furniture, or fixtures (e.g., computer monitors, routers, printers, Veridesks, chairs, or lighting fixtures) for use in employees’ homes unless SOAH has determined that it is reasonably necessary to accommodate an employee with a qualifying disability so that they may have an equal opportunity to participate in remote work.

Availability

When working remotely, employees must generally be available by email or phone during regular business hours and must remain responsive to communications from Executive Leadership, supervisors, team leaders, co-workers, and SOAH customers. Any specific expectations or parameters regarding the work schedules, responsibilities, or communications of an employee working remotely must be determined by the employee’s supervisor and/or team leader, subject to the oversight and direction of Executive Leadership. Failure to maintain availability or productivity may result in disciplinary action as necessary, including the revocation of an authorization to remote work.

D. Supervisor and Team Leader Responsibilities

SOAH supervisors and team leaders are responsible for administering remote work and monitoring employee compliance to ensure duties remain suitable for remote work. Supervisors and team leaders must systematically review employee performance, attendance, work hours, and productivity to ensure the efficiencies of remote work remain beneficial and balanced, and in compliance with applicable SOAH policies. In consultation with the General Counsel and the Human Resources Manager, or as directed by Executive Leadership, supervisors and team leaders may suspend or revoke an employee’s remote work privileges at any time and for any reason.

Compensatory Time and Overtime

State law restricts the ability of both exempt and non-exempt employees to accumulate compensatory time except in certain circumstances. As a result, an employee may not accrue compensatory time for hours worked at the employee’s personal residence or other remote location without express authorization of the Chief Administrative Law Judge.

Similarly, federal and state law outline certain parameters regarding a non-exempt employee’s ability to accumulate overtime hours. As a general matter, non-exempt employees, including non-exempt employees who are working remotely, are not authorized to perform work beyond their assigned work schedule (typically a 40-hour work week for regular full-time employees). Non-exempt employees must obtain advance written authorization before accumulating overtime hours. If a non-exempt employee has received prior written authorization to accumulate overtime hours while working remotely, the employee must adhere to additional time-keeping requirements.

Failure of a non-exempt employee to obtain the requisite pre-approval to accrue compensatory time or overtime will not prevent the employee from being compensated in accordance with the overtime provisions of the Fair Labor Standards Act (FLSA) but may result in disciplinary action for violating SOAH policy.

Exempt employee time is governed by a separate legal framework.

For more information, see SOAH’s policies on Exempt Employee Compensatory Time and Non-Exempt Employee Overtime and Compensatory Time.

Approvals

The Chief Administrative Law Judge and the employee’s supervisor and/or team leader must provide approval of the employee’s Remote Work Program Participation Agreement in advance for employees to be able to work remotely.

If the Chief Administrative Law Judge approves an employee’s Remote Work Program Participation Agreement, the approval remains valid for one year, unless or until otherwise suspended or revoked pursuant to this policy. All Remote Work Program Participation Agreements are required to be renewed annually.

Custodians of Records

Documentation of approval to participate in remote work shall be maintained by Human Resources as part of each participating employee’s personnel file.