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 Georgia, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must consider various legal issues and comply with both federal and state laws. They must ensure equal employment opportunities and avoid discrimination as mandated by laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime, and recordkeeping. Employers must also adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance. Georgia's workers' compensation statutes require coverage for employees in case of work-related injuries, regardless of the work location. The Occupational Safety and Health Act (OSH Act) mandates safe working conditions, which can extend to home offices in telecommuting arrangements. Disability accommodations must be provided under the ADA. Privacy issues related to electronic communications must be handled carefully to protect employee confidentiality. Lastly, proper classification of workers as employees or independent contractors is crucial to avoid misclassification penalties, with criteria set by both the Internal Revenue Service (IRS) and the Department of Labor (DOL).