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 Mexico (NM), employers who wish to offer flexible work arrangements such as flextime, work from home, compressed workweeks, and other similar programs must comply with various federal and state regulations. They must ensure nondiscrimination in accordance with equal employment opportunity laws, such as Title VII of the Civil Rights Act, which prohibits employment 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, recordkeeping, and youth employment. 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. State workers' compensation statutes require employers to provide coverage for work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act mandates that employers maintain a safe working environment, which extends to home offices in telecommuting arrangements. The Americans with Disabilities Act (ADA) requires reasonable accommodations for employees with disabilities, which may include flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be addressed to protect both employer and employee interests. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid misclassification issues, which can lead to legal consequences under both federal and state laws.