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 Wisconsin, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must consider various legal issues and comply with both federal and state laws. They must ensure nondiscrimination in accordance with equal employment opportunity laws, such as Title VII of the Civil Rights Act and the Wisconsin Fair Employment Act, which prohibit discrimination based on race, color, religion, sex, or national origin. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which sets minimum standards for most voluntarily established pension and health plans. Employers must also adhere to state workers' compensation statutes that provide benefits to employees who are injured or become ill due to their job. The Occupational Safety and Health (OSH) Act requires employers to provide a safe and healthful workplace. The Americans with Disabilities Act (ADA) mandates reasonable accommodations for employees with disabilities. Privacy and confidentiality issues, particularly concerning electronic communications, must be managed to protect both the employer's and employees' interests. Lastly, proper classification of workers as either independent contractors or employees is crucial to avoid misclassification issues, which can lead to legal consequences under both state and federal law.