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 Utah, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must navigate various legal considerations to ensure compliance with both federal and state laws. They must adhere to nondiscrimination laws, ensuring that all employees have equal employment opportunities regardless of the work arrangement. This includes compliance with the federal Americans with Disabilities Act (ADA) for disability accommodations. Employers must also comply with the Fair Labor Standards Act (FLSA) for wage and hour regulations, which govern overtime and minimum wage requirements. The Employee Retirement Income Security Act (ERISA) sets standards for retirement and health benefit plans, which employers must consider when offering benefits to part-time or telecommuting employees. Workers' compensation laws in Utah require coverage for employees in case of work-related injuries or illnesses, regardless of the location of work. The Occupational Safety and Health (OSH) Act mandates safe and healthy working conditions, which can include home offices for telecommuters. Privacy and confidentiality concerns arise with the use of company email, phone, and internet, and employers must establish clear policies to address these issues. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid legal pitfalls, as misclassification can lead to significant legal and financial consequences.