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 Oregon, 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 of the Civil Rights Act and Oregon's anti-discrimination statutes, require employers to ensure that their flexible work policies do not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or veteran status. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime, and recordkeeping, and Oregon state laws that may provide additional protections. Employers must also adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that flexible work options do not adversely affect employees' benefits. Workers' compensation laws in Oregon require coverage for employees regardless of their work location, including those in flexible work arrangements. The Occupational Safety and Health (OSH) Act, along with Oregon OSHA regulations, mandates safe and healthy work environments, which can include home offices for telecommuters. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for disabled employees, which may include flexible work options. Privacy and confidentiality concerns, particularly with remote work, must be addressed through appropriate policies governing the use of email, phone, and internet. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with IRS guidelines and avoid misclassification penalties. Employers should consult with an attorney to ensure that their flexible work programs are in full compliance with all relevant laws and regulations.