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 North Carolina (NC), employers who wish to offer flexible work arrangements such as flextime, work from home, 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 state nondiscrimination statutes, require employers to ensure that their flexible work policies do not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. 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 adhere to the Employee Retirement Income Security Act (ERISA) for benefits compliance, ensuring that employee benefit plans are managed in accordance with the law. Workers' compensation is regulated by state statutes in NC, obligating employers to provide coverage for employees who are injured on the job, regardless of where the work is performed. The Occupational Safety and Health (OSH) Act requires employers to maintain a safe working environment, which can include home offices for telecommuters. Disability accommodations under the ADA may involve providing flexible work options as reasonable accommodations. Privacy and confidentiality concerns, particularly with electronic communications, must be addressed to protect both employer and employee interests. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and employment regulations. Misclassification can lead to significant legal and financial consequences.