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 Michigan, employers offering 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 and the Michigan Elliott-Larsen Civil Rights Act, require nondiscrimination in all employment practices. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which affects how employers must manage and communicate employee benefits. Michigan's workers' compensation statutes ensure that employees injured on the job receive proper compensation, which applies even in flexible work scenarios. The Occupational Safety and Health Act (OSH Act) mandates safe and healthy working conditions, which can include home offices for telecommuters. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities, potentially including flexible work options. Privacy and confidentiality concerns, particularly with electronic communications, must be managed in accordance with both federal law and Michigan's privacy laws. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and employment laws, and misclassification can lead to significant legal consequences.