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 Florida, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other similar programs must navigate a complex legal landscape. They must ensure compliance with equal employment opportunity laws, such as Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex, or national origin. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, 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 state workers' compensation statutes, which provide benefits to employees who suffer work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act requires employers to provide a safe workplace, which extends to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities, which can include flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be managed in accordance with both federal and state laws. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid misclassification issues, which can lead to legal penalties and liabilities. Employers must carefully consider these legal requirements when designing and implementing flexible work programs.