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 Massachusetts, employers offering 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 and the Massachusetts Fair Employment Practices Act, require employers to ensure nondiscrimination in all employment practices. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA) and state laws, which dictate minimum wage, overtime pay, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which sets standards for pension and health plans in private industry. Massachusetts workers' compensation statutes provide benefits to employees who are injured or become ill due to their job. The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe workplace, which extends to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities, which can include flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be addressed to protect both employer and employee interests. Lastly, proper classification of workers as independent contractors or employees is crucial to comply with tax laws and avoid misclassification penalties. Employers must navigate these legal frameworks carefully when implementing flexible work programs.