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 Rhode Island, 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 equal employment opportunities and adhere to nondiscrimination laws, preventing any form of employment discrimination based on race, color, religion, sex, or national origin, among other protected characteristics. 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 comply with the Employee Retirement Income Security Act (ERISA) concerning employee benefits. Rhode Island's workers' compensation statutes require employers to provide coverage for employees in case of work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act mandates that employers maintain a safe working environment, which extends to telecommuting arrangements. Disability accommodations are regulated by the Americans with Disabilities Act (ADA), which may include providing reasonable accommodations for employees working remotely. Privacy and confidentiality concerns, particularly related to electronic communications, must be addressed to protect both the employer's and employees' interests. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid misclassification issues, which can lead to legal and financial penalties.