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 Hawaii, employers who wish to implement flexible work arrangements such as flextime, WFH, compressed workweeks, and other similar programs must navigate various legal considerations to ensure compliance with both federal and state laws. They must adhere to nondiscrimination laws to ensure equal employment opportunities, which means that flexible work options should not be offered in a discriminatory manner. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, and recordkeeping. Employers must also consider the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that employees' benefits are managed in accordance with the law. State workers' compensation statutes require employers to provide coverage for employees in case of work-related injuries or illnesses, which applies even in flexible work settings. The Occupational Safety and Health (OSH) Act mandates a safe and healthy work environment, which can include home offices for telecommuters. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities, which may include flexible work options. Privacy and confidentiality concerns arise with the use of email, phone, and internet, and employers must have clear policies to address these issues. Lastly, proper classification of workers as either independent contractors or employees is crucial to avoid misclassification penalties, and this classification affects how workers are treated under various laws. Employers in Hawaii should consult with an attorney to ensure that their flexible work programs are in full compliance with all relevant laws and regulations.