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 Nebraska, employers who wish to offer flexible work arrangements such as flextime, work from home, and other alternative work schedules 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 Nebraska Fair Employment Practice Act, require employers to ensure nondiscrimination in their employment practices. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, and recordkeeping. 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. Workers' compensation is regulated by Nebraska state statutes, which mandate coverage for employees in case of work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act requires employers to provide a safe working environment, even when employees work from home. Disability accommodations under the ADA may include offering flexible work options to employees with disabilities. Privacy and confidentiality concerns, particularly related to electronic communications, must be addressed to protect both the employer's and employees' interests. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid misclassification issues, with criteria set forth by the Internal Revenue Service (IRS) and enforced by various federal and state agencies.