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 New Hampshire (NH), employers who wish to offer flexible work arrangements such as flextime, work from home, compressed workweeks, and other similar programs must comply with various legal requirements. Under equal employment opportunity laws, employers must ensure that these flexible work options do not discriminate against any employee based on protected characteristics. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which requires employers to pay at least the minimum wage and overtime to eligible employees, regardless of the work arrangement. Benefits compliance involves adhering to the Employee Retirement Income Security Act (ERISA), which sets standards for pension and health plans in private industry. NH employers must also comply with state workers' compensation statutes to provide coverage for employees who may be injured while working, regardless of the location. The Occupational Safety and Health (OSH) Act requires employers to maintain a safe working environment, which can include home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities, which may include offering flexible work options. Privacy and confidentiality concerns arise with the use of company email, phone, and internet, and employers must have clear policies to address these issues. Lastly, proper classification of workers as either independent contractors or employees is crucial to ensure compliance with all relevant laws and to avoid penalties.