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 Minnesota, 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 Minnesota Human Rights Act, require employers to ensure nondiscrimination in their flexible work policies. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for overtime, minimum wage, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which affects how employers must manage and provide employee benefits. Minnesota's workers' compensation statutes mandate coverage for employees in case of work-related injuries, including those who may work remotely. The Occupational Safety and Health (OSH) Act imposes duties on employers to maintain a safe working environment, which can extend to home offices. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities, potentially including flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be managed in accordance with both federal laws and Minnesota's own privacy statutes. Lastly, proper classification of workers as either independent contractors or employees is crucial to comply with tax laws and labor regulations. Employers must carefully consider these legal aspects when implementing flexible work programs to ensure full compliance.