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 Nevada, employers offering flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with both federal and state laws. Equal employment opportunity laws, such as Title VII and Nevada's own anti-discrimination statutes, require that these programs be offered without discrimination based on race, gender, age, or other protected characteristics. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which mandates minimum wage, overtime pay, and recordkeeping for employees, not independent contractors. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which sets standards for pension and health plans in private industry. Nevada's workers' compensation statutes ensure that employees injured while working from home or in flexible work arrangements are covered. The Occupational Safety and Health (OSH) Act, although primarily focused on traditional workplaces, may apply to home offices and other non-traditional work settings. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities, which can include flexible work options. Privacy and confidentiality concerns arise with the use of company or personal equipment for work purposes, and employers must navigate both federal and state laws on electronic communications. Lastly, proper classification of workers as employees or independent contractors is crucial to comply with tax, benefits, and labor laws. Misclassification can lead to significant legal and financial penalties. Employers in Nevada should consult with an attorney to ensure that their flexible work programs adhere to all applicable legal requirements.