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 Maryland, 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 compliance is governed by nondiscrimination laws, ensuring that all employees have equal access to flexible work options without discrimination based on race, gender, age, or other protected characteristics. Wage and hour compliance is mandated by the Fair Labor Standards Act (FLSA), which requires employers to pay at least the minimum wage and overtime for hours worked over 40 in a workweek, even in flexible work settings. Benefits compliance is overseen by the Employee Retirement Income Security Act (ERISA), which sets standards for pension and health plans in private industry. Maryland's workers' compensation statutes require employers to provide coverage for employees in case of work-related injuries or illnesses, regardless of the work location. The Occupational Safety and Health (OSH) Act applies to all workers, including those in non-traditional work environments, ensuring safe and healthy working conditions. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities, which can include flexible work arrangements. Privacy and confidentiality concerns, particularly related to electronic communications, must be addressed by employers to protect both company and employee information. Lastly, proper classification of workers as either independent contractors or employees is crucial to ensure compliance with tax laws and employment regulations. Employers in Maryland should consult with an attorney to navigate these legal requirements effectively when implementing flexible work programs.