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 Jersey, 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 and the New Jersey Law Against Discrimination. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which affects how employers must manage and provide employee benefits. Employers must also adhere to state workers' compensation statutes to provide coverage for work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act requires employers to maintain a safe workplace, which extends to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities, which can include flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be managed to protect both employee and company information. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax, benefits, and labor laws. Misclassification can lead to significant legal and financial consequences.