CNY HR Now

Telework as a Reasonable Accommodation

Mon, 01 Jun 2026 09:43:07 -0700

Over the past year, I’ve worked through several client situations involving part-time or full-time telework requests as a reasonable accommodation under the Americans with Disabilities Act (ADA). These conversations are rarely simple. Employers want to support employees while also ensuring the essential functions of the role can still be performed effectively.

A recent 4th Circuit case, Jones v. Fairfax County School Board, provides an important reminder for employers navigating these requests: the key question is not whether remote work is preferred or temporarily helpful — it’s whether the employee can still perform all essential job functions while working remotely.

The Case at a Glance

In Jones v. Fairfax County School Board, a teacher requested temporary full-time telework following lung surgeries she believed were connected to mold and construction dust in her school building. Her role required regular in-person interaction with students and teachers, including classroom support and administering student testing on short notice.

The school district denied her request for full-time remote work, arguing she could not perform the essential functions of her position remotely. The court ultimately agreed.

One of the biggest takeaways from this case is that employers are not required to remove or redistribute essential job duties simply because an accommodation request is temporary. The court also reinforced that employees requesting accommodations must still be able to perform all essential functions of the role — not just most of them.

The decision also serves as a reminder that the ADA focuses on an employee’s present ability to perform the role, even when the employee is expected to recover in the future.

Why This Matters for Employers

Telework accommodations remain one of the most common and most misunderstood ADA issues...Read More

Overtime Salary Threshold Update

Mon, 18 May 2026 11:52:29 -0700

The U.S. Department of Labor (DOL) has issued a technical amendment formally restoring the 2019 overtime salary thresholds in the Code of Federal Regulations (CFR) after two federal court decisions invalidated the 2024 overtime rule.

For employers, HR professionals, and payroll teams, this update confirms which federal salary thresholds currently govern overtime exemption classifications under the Fair Labor Standards Act (FLSA).

To qualify for an overtime exemption under the FLSA, employees generally must satisfy three requirements:

Duties test
Salary basis test
Salary level test

In 2019, the DOL increased the federal minimum salary threshold for exempt employees from $455 per week to $684 per week ($35,568 annually).

That threshold remained in effect until July 2024, when a new rule increased the salary level to $844 per week, with a second increase to $1,128 per week ($58,656 annually) scheduled for January 2025.

However, the second increase never took effect.

In late 2024, federal courts in Texas vacated the 2024 rule. Following those decisions, the Wage and Hour Division (WHD) immediately returned to enforcing the 2019 thresholds.

The DOL has now formally removed the vacated rule language from the CFR and restored the 2019 rule language to eliminate confusion regarding current compliance obligations.

Current Federal Overtime Salary Thresholds

The current federal salary thresholds are:

Standard salary threshold: $684 per week ($35,568 annually)
Highly compensated employee (HCE) threshold: $107,432 annually, including at least $684 per week paid on a salary basis
Territory-specific thresholds:

Guam, Puerto Rico, U.S. Virgin Islands, and Northern Mariana Islands: $455 per week
American Samoa: $380 per week

Why This Case Matters to Employers

Intermittent leave requests are often where organizations get into trouble.

Unlike a continuous block of leave, intermittent FMLA leave can disrupt schedules, require coverage adjustments, and frustrate managers who are focused on operations. Those frustrations sometimes lead to comments or actions that create legal exposure.

According to federal investigators, the employee in the Tennessee matter had already been approved for intermittent FMLA leave related to a qualifying medical condition. The DOL alleged that instead of allowing the employee to continue utilizing protected leave, the employer presented the employee with two options: resign voluntarily or be terminated.

From an HR...Read More

What Counts as Employee Leave?

Fri, 24 Apr 2026 09:43:27 -0700

Many employers think of “leave” as simple:

An employee needs time off → they use PTO → done.

That assumption is exactly where problems start.

The First Mistake: Treating Everything Like PTO

PTO is discretionary.
Protected leave is not.

That distinction matters more than most employers realize.

When an employee says something like:

“I’m dealing with a medical issue”
“I need time off to care for a family member”
“I’ve been diagnosed with…”
“I’m really struggling right now”

This is no longer just a scheduling request.

It may be the beginning of a legally protected leave conversation—even if the employee never uses legal terminology.

What Actually Counts as “Leave”

From an HR and compliance standpoint, employee absences generally fall into three categories:

1. Standard Time Off (Discretionary)

Vacation
Personal days
Planned time away from work

Maine’s New Paid Family and Medical Leave (PFML) Law

Tue, 21 Apr 2026 11:23:29 -0700

If you have employees in Maine, the state’s new Paid Family and Medical Leave (PFML) program should already be on your radar. But one of the most overlooked — and highest risk — components of this law isn’t the benefit itself.

It’s the employee notice requirement.

Overview of Maine PFML

Maine’s PFML program provides eligible employees with up to 12 weeks of paid family and medical leave per year, with benefits beginning May 1, 2026.

The program covers:

An employee’s own serious health condition
Caring for a family member
Bonding with a new child
Certain military exigencies and safe leave situations

While benefits begin in May 2026, employer obligations — including payroll contributions and compliance preparation — are already underway.

The 30-Day Notice Requirement: Where Employers Are Most at Risk

Under Maine law, employers are required to provide a written notice of PFML rights and benefits to each employee within 30 days of hire.

This is not a passive requirement. Employers must actively ensure that:

The notice is distributed to every new hire within the required timeframe
The notice includes all required statutory elements
The employer can demonstrate that the notice was delivered
Failure to meet this requirement can result in compliance exposure, including potential penalties.

State Plan vs. Private Plan: Using the Correct Notice

Maine has issued two separate model notices, and using the wrong one is a common compliance mistake:

California’s New “Know Your Rights” Notice Requirement

Tue, 21 Apr 2026 10:48:44 -0700

If your organization has employees in California, a new compliance requirement has taken effect that deserves immediate attention.

The Workplace Know Your Rights Act (SB 294), enacted on October 12, 2025, introduces a mandatory annual notice requirement for employers beginning in 2026. While it may sound straightforward, the execution—and compliance risk—are where many employers fall short.

What Is the “Know Your Rights” Notice?

Under this law, California employers must provide employees with a written notice outlining their workplace rights.

This is not a passive posting requirement—it is an active distribution obligation. Employers must ensure the notice is delivered in a way that employees are reasonably expected to receive it.

Key Employer Requirements

Beginning in 2026, employers must:

Provide the notice to all current employees by February 1, 2026
Distribute the notice annually thereafter
Issue the notice to all new hires at the time of hire
Send the notice annually to authorized representatives (if applicable)

Delivery Requirements: Where Employers Get Tripped Up

One of the most critical aspects of this law is how the notice is delivered.

Acceptable methods include:

Email
Text message
Physical paper copy

Important: The method must be reasonably expected to be received.

FMLA Isn't Just About Leave

Tue, 21 Apr 2026 10:19:42 -0700

Many employers view the Family and Medical Leave Act (FMLA) as a straightforward compliance obligation: determine eligibility, approve leave, and ensure job protection.

But a recent federal court decision highlights a critical reality—FMLA compliance doesn’t end when leave is approved.

A Case That Expands Employer Risk

In White v. Board of Trustees of The University of Arkansas, an employee with multiple health conditions requested and received FMLA leave.

While the employer fulfilled its obligation to grant leave, the situation deteriorated in what followed.

The employee alleged that after requesting and taking leave, her supervisor and others:

Mocked her and discouraged her from taking leave
Sent passive-aggressive communications
Changed her schedule and job duties
Revoked certain privileges and opportunities
Failed to restore her to her previous role and conditions
Ultimately created a work environment that led to her resignation
She then filed claims for FMLA interference, retaliation, and discrimination.

What the Court Said: