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 York, employers offering flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with various federal and state regulations. Equal employment opportunity laws, such as Title VII and the New York State Human Rights Law, require employers to ensure nondiscrimination in all employment practices. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA) and New York Labor Laws, which set standards for minimum wage, overtime, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which does not require employers to offer benefits but sets standards for those that do. Workers' compensation is regulated by state statutes, ensuring coverage for work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act mandates safe and healthy working conditions, which apply to all work environments, including home offices. The Americans with Disabilities Act (ADA) requires reasonable accommodations for qualified employees with disabilities. Privacy and confidentiality concerns, particularly with electronic communications, must be addressed to protect both employer and employee interests. Lastly, proper classification of workers as independent contractors or employees is crucial to comply with tax laws and labor regulations. Employers must carefully navigate these areas to avoid legal pitfalls associated with flexible work arrangements.