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 South Dakota, employers who wish to offer 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, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), require employers to ensure nondiscrimination in all employment practices. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, and recordkeeping. 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 mandate coverage for employees in case of work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act requires employers to provide a safe and healthy work environment, even when the employee is working from home. Disability accommodations must be provided under the ADA, and employers must respect privacy and confidentiality concerning employees' electronic communications. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and employment laws. Misclassification can lead to significant legal issues and penalties.