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 Kentucky, employers who wish to offer 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 of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Kentucky Civil Rights 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 pay, and recordkeeping. Employers must also adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that employee benefit plans are managed in accordance with the law. Kentucky's workers' compensation statutes mandate coverage for employees in case of work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act requires employers to provide a safe working environment, which extends to home offices in telecommuting arrangements. Disability accommodations under the ADA may include offering flexible work options to employees with disabilities. Privacy and confidentiality concerns arise with the use of company email, phone, and internet, and employers must establish clear policies to address these issues. Lastly, proper classification of workers as independent contractors or employees is crucial to comply with tax laws and avoid misclassification penalties. Employers in Kentucky should consult with an attorney to ensure that their flexible work programs are in full compliance with all relevant laws and regulations.