Overview: One type of special work arrangement allows for flexibility in the scheduling of working time. Alternative work schedules may include a flextime arrangement, which specifically defines "core hours" (hours during which the employee must be at the workplace) and allows workers to vary the workday's start and end times.
In addition, workers may elect to work a compressed workweek. For example, an employee will still log 40 hours per week, but instead of working five eight-hour days, the employee works four ten-hour days. Another popular arrangement is the "5-4-9" compressed schedule: employees work nine-hour days every workday, and have every other Friday off.
Supervisors may also make special arrangements with respect to shift and break schedules. However, employers must ensure that any applicable external legal requirements, e.g., Fair Labor Standards Act (FLSA) requirements, are met.
Trends: In addition to federal requirements under the Affordable Care Act (ACA), a growing number of states impose lactation break requirements for employers. In fashioning an employee's alternative work schedule, employers should bear in mind not only the amount and frequency of breaks to which the employee may be entitled, but also if there exist any associated employee privacy requirements (such as providing a private area in which to express breast milk).
Author: Marta Moakley, JD, Legal Editor
Chicago employers that are covered by the City's Fair Workweek Ordinance should consider including this statement in their handbook to educate employees about special rights and protections available under the ordinance.
Enhanced with information on business expense reimbursement requirements in Massachusetts; New Jersey; North Dakota; South Dakota; and Seattle, Washington.
Philadelphia employers that are retail, hospitality or food services establishments and employ 250 or more employees and have 30 or more locations worldwide should consider including this statement in their handbook to educate employees about special rights and protections available under Philadelphia's scheduling law.
This letter may be used to solicit an employee's acknowledgement that they understand and will comply with an employer's timekeeping policy prohibiting "off-the-clock" work.
Updated to reflect the Philadelphia Fair Workweek Ordinance, effective April 1, 2020.
Employers should take these steps to maintain the engagement levels that are crucial for the morale and productivity of employees working remotely during the coronavirus (COVID-19) pandemic.
As mandated by the City of Philadelphia, Office of Benefits and Wage Compliance, covered employers must post the Philadelphia, Pennsylvania, Fair Workweek Poster.
Enhanced with additional details and resources.