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 Virginia, 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 of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), mandate that employment practices do not discriminate on the basis of race, color, religion, sex, national origin, age, or disability. 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. Virginia's Workers' Compensation Act requires employers to provide workers' compensation insurance for their employees. The Occupational Safety and Health (OSH) Act, enforced by the Occupational Safety and Health Administration (OSHA), requires employers to provide a safe and healthful workplace. The ADA also requires employers to provide reasonable accommodations to qualified employees with disabilities. Privacy and confidentiality concerns, particularly related to electronic communications, are governed by a combination of federal laws, state statutes, and common law principles. Lastly, proper classification of workers as independent contractors or employees is crucial to ensure compliance with tax laws and employment laws; misclassification can lead to significant legal and financial penalties.