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 Colorado, employers offering flexible work arrangements such as flextime, WFH, and telecommuting must comply with various federal and state regulations. Equal employment opportunity laws, such as Title VII and the Colorado Anti-Discrimination Act, require employers to ensure nondiscriminatory practices in all employment decisions, including those related to flexible work options. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA) and Colorado wage laws, which set 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 retirement and health plans. Employers must also adhere to state workers' compensation statutes, ensuring coverage for employees who may be injured while working, regardless of the location. The Occupational Safety and Health Act (OSH Act) mandates safe and healthy working conditions, which can include home offices for telecommuters. The Americans with Disabilities Act (ADA) requires reasonable accommodations for employees with disabilities, which may involve flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be managed in accordance with both federal and state privacy laws. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and avoid misclassification penalties. Employers should consult with an attorney to ensure all legal requirements are met when implementing flexible work programs.