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 Tennessee, 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. Wage and hour compliance is governed by the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, and recordkeeping. Benefits compliance falls under the Employee Retirement Income Security Act (ERISA), which sets minimum standards for most voluntarily established pension and health plans. Employers must also adhere to state workers' compensation statutes, which provide benefits to employees who are injured or become ill due to their job. The Occupational Safety and Health (OSH) Act requires employers to provide a safe and healthful workplace. Under the ADA, employers must provide reasonable accommodations to qualified employees with disabilities. Privacy and confidentiality concerns, particularly related to electronic communications, must be addressed to protect both employee and employer interests. Lastly, proper classification of workers as either employees or independent contractors is crucial to ensure compliance with tax laws and employment laws. Employers in Tennessee should consult with an attorney to navigate these regulations effectively when implementing flexible work options.