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 Kansas, employers who wish to offer flexible work arrangements such as flextime, WFH, compressed workweeks, and other forms must comply with various federal and state regulations. Equal employment opportunity laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), require employers to ensure nondiscrimination in all employment practices. The Fair Labor Standards Act (FLSA) governs wage and hour issues, including overtime and recordkeeping for non-exempt employees. The Employee Retirement Income Security Act (ERISA) sets standards for retirement and health benefit plans. Kansas state workers' compensation statutes mandate coverage for employees in case of work-related injuries or illnesses. The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe workplace, which extends to home offices in telecommuting arrangements. The ADA mandates reasonable accommodations for qualified employees with disabilities, which may include flexible work options. Privacy concerns arise with the use of company email, phones, and internet, and employers must balance monitoring with respect for employee privacy. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and avoid misclassification penalties. Employers should consult with an attorney to ensure that their flexible work programs adhere to all applicable laws and regulations.