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 Mississippi, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must navigate various legal considerations. They must ensure compliance with equal employment opportunity laws, preventing discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, recordkeeping, and youth employment. Employers must also adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that employee benefit plans are managed in accordance with the law. State workers' compensation statutes require employers to provide coverage for employees in case of work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act mandates a safe working environment, which applies to all forms of work, including telecommuting. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. Privacy and confidentiality issues arise with the use of email, phone, and internet, and employers must have clear policies to address these concerns. Lastly, proper classification of workers as independent contractors or employees is crucial to avoid misclassification issues, which can lead to legal and financial penalties. Employers in Mississippi must be mindful of these federal laws and any specific state regulations that apply to these flexible work arrangements.