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 Maine, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other similar programs must navigate a complex legal landscape. They must ensure compliance with equal employment opportunity laws, which mandate that all employment practices are non-discriminatory. Wage and hour rules under the Fair Labor Standards Act (FLSA) must be followed, particularly in tracking hours and overtime for non-exempt employees. Benefits compliance is governed by the Employee Retirement Income Security Act (ERISA), which sets standards for most voluntarily established retirement and health plans in private industry. Maine's workers' compensation statutes require coverage for employees in case of work-related injuries or illnesses, regardless of where the work is performed. The Occupational Safety and Health (OSH) Act imposes duties on employers to provide a safe workplace, which can extend to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) requires reasonable accommodations for qualified employees with disabilities, which may include flexible work options. Privacy and confidentiality concerns arise with the use of company or personal devices for work, necessitating clear policies on e-mail, phone, and internet use. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid misclassification issues, which can lead to significant legal and financial consequences.