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 Ohio, 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 Ohio's own anti-discrimination statutes, require that these programs be offered without discrimination based on race, gender, age, or other protected characteristics. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which mandates minimum wage, overtime pay, and recordkeeping for non-exempt employees. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), ensuring that employee benefit plans meet certain standards. Ohio's workers' compensation statutes provide benefits for employees injured on the job, which applies even in flexible work settings. The Occupational Safety and Health (OSH) Act requires employers to maintain a safe work environment, which can include home offices for telecommuters. The Americans with Disabilities Act (ADA) mandates 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 Ohio's privacy laws. Lastly, proper classification of workers as either employees or independent contractors is crucial to comply with tax laws and avoid misclassification penalties. Employers must carefully navigate these areas to ensure legal compliance while offering flexible work arrangements.