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 North Dakota, 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. Equal employment opportunity laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), mandate that employment practices do not discriminate on the basis of race, color, religion, sex, national origin, age, or disability. The Fair Labor Standards Act (FLSA) sets standards for wage and hour issues, including overtime and recordkeeping. Employers must ensure that non-exempt employees are paid for all hours worked and receive overtime when applicable, regardless of the work arrangement. The Employee Retirement Income Security Act (ERISA) governs employee benefit plans and requires employers to manage and administer benefits in compliance with its provisions. North Dakota's workers' compensation statutes require employers to provide coverage for employees in case of work-related injuries or illnesses, which applies to all types of work environments. The Occupational Safety and Health Act (OSH Act) obligates employers to provide a safe workplace, which can include home offices in telecommuting arrangements. The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities. Privacy and confidentiality concerns arise with the use of company or personal devices for work purposes, and employers must have clear policies to address these issues. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and employment laws, as misclassification can lead to significant legal and financial consequences.