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 Wyoming, employers who wish to offer flexible work arrangements such as flextime, work from home, compressed workweeks, and other similar programs must navigate a complex landscape of legal requirements. They must ensure compliance with equal employment opportunity laws, such as Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex, and 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. Employers must also adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that employee benefit plans are managed in accordance with the law. State workers' compensation statutes require employers to provide coverage for work-related injuries or illnesses. The Occupational Safety and Health (OSH) Act mandates a safe working environment, which can include home offices for telecommuters. The Americans with Disabilities Act (ADA) requires reasonable accommodations for employees with disabilities, which may impact telework policies. Privacy and confidentiality concerns arise with the use of email, phone, and internet, and employers must have clear policies to address these issues. Lastly, proper classification of workers as either employees or independent contractors is crucial to avoid misclassification issues, which can lead to legal and financial penalties. Employers in Wyoming should consult with an attorney to ensure that their flexible work programs are in full compliance with all relevant federal and state laws.