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 Idaho, employers offering flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with both federal and state regulations. Equal employment opportunity laws require that all employment practices, including flexible work options, do not discriminate based on race, color, religion, sex, or national origin. Under the Fair Labor Standards Act (FLSA), employers must ensure that employees are paid for all hours worked and receive overtime pay as applicable. The Employee Retirement Income Security Act (ERISA) sets standards for retirement and health benefit plans, which employers must adhere to even in flexible work scenarios. Idaho's workers' compensation statutes mandate coverage for employees in case of work-related injuries or illnesses, regardless of the work location. The Occupational Safety and Health (OSH) Act obligates employers to provide a safe and healthy work environment, which can extend to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities, which may include offering flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be addressed by employers to protect both company and employee information. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax, benefits, and labor laws. Misclassification can lead to significant legal and financial consequences.