Case- Is workplace flexibility out of reach for employees? Based on the Fair Labor Standards Act, nonexempt employees and their employers are restricted by the definitions of a workweek that were established in 1938 when the law was enacted. A congressional subcommittee on workforce protections recently held a hearing to explore calls for reform of the FLSA. High-profile companies like IBM testified that current regulations are neither employer nor employee friendly. Companies have instituted policies to restrict flexible work hours, telecommuting, and the use of mobile technology to comply with wage and hour law. Overtime ‘exemptions’ were granted by the government to only small subset of workers with an intent to require companies to pay nearly all workers an overtime premium for work hours over 40 in a week. Life was different in 1938 when the vast majority of workers were men working in manual labor jobs. These jobs took a physical toll and long work weeks could lead to injuries and fatigue. All work was done onsite under a bureaucratic organization hierarchy. Workers had little discretion and input into how the work was to be done.