Flextime, work from home (WFH), compressed workweek, shift work, job-sharing, part-time work, telecommuting, telework, hoteling, and snowbird programs are all flexible forms of work that are increasingly attractive to employees. But employers considering implementing one or more of these flexible forms of employment must be aware of a number of legal issues and the related federal and state statutes—including:

• equal employment opportunity compliance (nondiscrimination laws)

• wage and hour compliance (FLSA)

• benefits compliance (ERISA)

• workers’ compensation (state workers’ compensation statutes)

• occupational safety and health (OSH Act)

• disability accommodation (ADA)

• privacy and confidentiality (e-mail, phone, internet use)

• independent contractor/employee status (proper classification)

In Alabama, employers considering flexible work arrangements such as flextime, WFH, compressed workweeks, and others must navigate various legal requirements. They must ensure compliance with nondiscrimination laws under the Equal Employment Opportunity Commission (EEOC) to prevent any form of workplace discrimination. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which sets minimum standards for most voluntarily established pension and health plans. Employers must also adhere to Alabama's workers' compensation statutes to provide coverage for employees who are injured on the job. The Occupational Safety and Health (OSH) Act requires employers to maintain a safe working environment, which extends to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities, which may include flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be managed in accordance with applicable laws. Lastly, proper classification of workers as independent contractors or employees is crucial to avoid misclassification issues, with criteria set forth by both federal and state guidelines.