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 Missouri, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with various federal and state regulations. They must ensure nondiscrimination in accordance with Equal Employment Opportunity laws, meaning all employees should have equal access to flexible work options without discrimination based on race, gender, age, or other protected characteristics. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime, and recordkeeping. Employers must also adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that employee benefits plans are managed properly and do not discriminate. Missouri's workers' compensation statutes require employers to provide coverage for injuries that occur during the course of employment, including those that may happen in a flexible work setting. The Occupational Safety and Health (OSH) Act mandates that employers provide a safe and healthy work environment, which extends to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities, which can include offering flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be managed to protect both the employer's and employees' interests. Lastly, proper classification of workers as either independent contractors or employees is crucial to ensure compliance with tax laws and employment regulations. Employers in Missouri should consult with an attorney to navigate these legal requirements effectively when implementing flexible work programs.