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 Vermont, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with various legal requirements. Equal employment opportunity laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and Vermont's Fair Employment Practices Act, prohibit discrimination in employment and require reasonable accommodations for disabilities, which may include flexible work options. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime, and recordkeeping, and Vermont state law, which may have additional requirements. Employers must also adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that flexible work arrangements do not unlawfully affect employees' benefits. Workers' compensation laws require employers to provide coverage for employees who are injured on the job, which applies even in flexible work settings. The Occupational Safety and Health Act (OSH Act) mandates safe and healthy working conditions, which can include home offices in telecommuting arrangements. Privacy and confidentiality concerns arise with the use of company or personal devices for work, and Vermont law may impose specific obligations on employers. Lastly, proper classification of workers as employees or independent contractors is crucial to comply with tax laws and employment laws, and misclassification can lead to significant legal consequences.