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 West Virginia (WV), employers who wish to offer flexible work arrangements such as flextime, work from home, compressed workweeks, and other similar programs must comply with various federal and state regulations. They must ensure equal employment opportunities and adhere to nondiscrimination laws, such as Title VII of the Civil Rights Act and the West Virginia Human Rights Act, to prevent discrimination based on race, color, religion, sex, national origin, disability, or age. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, recordkeeping, and youth employment. Employers must also comply with the Employee Retirement Income Security Act (ERISA) regarding benefits for part-time or job-sharing employees. State workers' compensation statutes require coverage for employees in case of work-related injuries or illnesses, regardless of the work location. The Occupational Safety and Health (OSH) Act mandates that employers provide a safe and healthy work environment, which can include home offices for telecommuters. The Americans with Disabilities Act (ADA) requires reasonable accommodations for qualified employees with disabilities, which may include flexible work options. Privacy and confidentiality concerns, particularly with remote work, involve ensuring that employees' use of email, phone, and internet is compliant with company policies and legal standards. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid misclassification issues, which can have significant legal and financial consequences. Employers must carefully consider these legal aspects when designing and implementing flexible work programs.