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 Louisiana (LA), employers who wish to offer flexible work arrangements such as flextime, work from home, compressed workweeks, and other similar programs must comply with various federal and state regulations. They must ensure nondiscrimination in accordance with equal employment opportunity laws, such as Title VII of the Civil Rights Act, which prohibits employment discrimination. 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 to provide coverage for employees who are injured on the job. The Occupational Safety and Health (OSH) Act requires employers to provide a safe and healthful workplace. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities. Privacy and confidentiality of employee communications must be respected, and employers must be cautious about monitoring e-mail, phone, and internet use. Lastly, proper classification of workers as either independent contractors or employees is crucial to comply with tax laws and avoid misclassification penalties. Employers in Louisiana should consult with an attorney to ensure that their flexible work programs are in full compliance with all relevant laws and regulations.