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 Montana (MT), employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with various legal requirements. They must ensure nondiscrimination in accordance with equal employment opportunity laws, such as Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex, and national origin. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which sets minimum standards for most voluntarily established pension and health plans. Employers must also adhere to state workers' compensation statutes, which provide benefits to employees who are injured or become ill due to their job. The Occupational Safety and Health (OSH) Act requires employers to provide a safe and healthful workplace. Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations for employees with disabilities. Privacy and confidentiality issues, particularly concerning electronic communications, must be handled carefully to avoid violations of privacy laws. Lastly, the proper classification of workers as independent contractors or employees is crucial to comply with tax laws and avoid misclassification penalties. Employers in Montana should consult with an attorney to ensure that their flexible work programs are in full compliance with both federal and state regulations.