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 Washington State, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must navigate a complex legal landscape. They must ensure compliance with equal employment opportunity laws, such as Title VII of the Civil Rights Act and the Washington Law Against Discrimination, to prevent discrimination in the workplace. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA) and Washington state minimum wage and overtime laws, which dictate how employees should be compensated. Benefits compliance involves adhering to the Employee Retirement Income Security Act (ERISA) for employee benefit plans. Employers must also comply with Washington State's workers' compensation statutes to provide coverage for work-related injuries or illnesses. The Occupational Safety and Health Act (OSH Act) requires employers to maintain a safe work environment, which extends to telecommuting arrangements. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities, which can include flexible work options. Privacy and confidentiality concerns arise with the use of company or personal electronic devices and internet use, and employers must establish clear policies. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and labor regulations. Misclassification can lead to significant legal and financial consequences.