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 Delaware, employers offering flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with various federal and state regulations. Equal employment opportunity laws, such as Title VII and the Delaware Discrimination in Employment Act, require employers to ensure nondiscrimination in all employment practices. 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 affects how employers must manage and provide employee benefits. Delaware's workers' compensation laws mandate coverage for employees injured on the job, which can include those working remotely. The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe working environment, even for telecommuters. The Americans with Disabilities Act (ADA) necessitates reasonable accommodations for qualified employees with disabilities. Privacy issues related to electronic communications in the workplace must be handled carefully to avoid violations of privacy laws. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with IRS guidelines and avoid misclassification penalties. Employers in Delaware should consult with an attorney to ensure that their flexible work programs adhere to all applicable laws and regulations.