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Article Index » human resources » military leave: uniformed services employment and re-employment act (userra) Report Link Ask the Editor: USERRA Q&A (pdf).Vedder Price - July 14, 2009 During the past year, newsletter
editor Aaron Gelb participated
in a 3-week jury trial involving a
number of claims under the
Uniformed Services
Employment and
Reemployment Rights Act
(“USERRA”). Report Link Rescinding Employment Benefit Extended Only to Employees With Military Obligations Does Not Violate the USERRA.Ogletree Deakins - June 11, 2009 The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the armed services against employment discrimination related to the benefits of their employment. The 7th U.S. Circuit Court of Appeals has held that such protection refers to employment benefits that are “extended generally to military and non-military employees alike,” and that discontinuing a benefit that had been extended only to employees with military obligations does not violate the USERRA. Report Link USERRA Requires More Than Restoration of Titles; Courts Scrutinize Actual Responsibilities.Jackson Lewis LLP - June 04, 2009 The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires employers to place employees returning from military leave into the position they would have held if they had been continuously employed. Two recent U.S. District Court decisions provide employers with greater clarity regarding their reemployment obligations. Report Link Employer's Neutral Return-to-Work Process Does Not Override USERRA's Reemployment Guarantee.Jackson Lewis LLP - May 08, 2009 The U.S. Supreme Court has declined review of the Sixth Circuit Court of Appeals’ decision which found an employer violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when it delayed the re-employment of a returning Army reservist by adhering to its neutral return-to-work process. Report Link Department of Justice Makes Civilian Reemployment Rights of Service Members and Veterans a Priority.Jackson Lewis LLP - March 10, 2009 With the large number of reservists called to active duty in recent years, most employers may have heard of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). If not, the Department of Justice (“DOJ”) wants to ensure that all employers do now. Report Link Court "Drops The Anchor" On Naval Reservist's USERRA Suit.Ogletree Deakins - February 10, 2009 A federal appellate court has dismissed a lawsuit brought by an employee who claimed that he was demoted because of his military service in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). According to the court, a reasonable jury could find that the worker's new job was a lateral transfer that did not amount to an "adverse employment action." Report Link Think Twice Before Delaying Reservist Reemployment.Fisher & Phillips, LLP - November 05, 2008 As the war in Iraq drags on, employers continue to struggle with the legal challenges surrounding their reemployment obligations. The Uniformed Services Employment and Reemployment Rights Act (USERRA) sets a high bar when it comes to compliance, as illustrated by the fact that it remains the only federal workplace statute providing a built-in presumption in the plaintiff's favor. A police department in Nashville, Tennessee recently learned just how daunting the compliance challenge can be. Report Link The USERRA Supersedes Employer’s “Fitness For Duty” Procedures.Ogletree Deakins - August 26, 2008 The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to protect the rights of veterans and members of the uniformed services, and is broadly construed in favor of those individuals. The Act specifically states that a returning veteran must be “promptly reemployed” after an honorable discharge from military service and requires that, in most cases, reinstatement is made to the position which the individual would have held had he or she not left for military leave. The 6th U.S. Circuit Court of Appeals has held that a police department’s delay in re-employing a returning Army reservist violated the USERRA, even though the delay was based upon the employee’s suspected dishonesty. Report Link The USERRA Does Not Pre-empt An Employment Contract's Arbitration Clause.Ogletree Deakins - August 18, 2008 Federal law favors arbitration of disputes. While the U.S. Supreme Court has held that statutory claims - including employment-related issues – generally are subject to arbitration, it has not specifically addressed the arbitrability of claims under the Uniformed Services Employment and Re-employment Act (USERRA). Until recently, in fact, only one federal appellate court had addressed that issue, and had determined that claims related to the USERRA are subject to arbitration, if arbitration is required under a written agreement. Garrett v. Circuit City Stores, Inc., 449 F.3d 672 (5th Cir. 2006). Recently, the 6th U.S. Circuit Court of Appeals reached the same conclusion, finding that an optometrist who was called to military duty was required to arbitrate his claims related to demotion and earnings. Report Link Q&A: Spotlight on USERRA.Vedder Price - June 05, 2008 The Uniformed Services
Employment and
Reemployment Rights Act
provides job restoration and
other rights to service members.
USERRA applies to employers
with as few as one employee.
Here are some questions we
have received: Report Link Release Contained in Severance Agreement May Not Bar USERRA Claims.Ford & Harrison LLP - December 13, 2007 The California Court of Appeal recently held that a release of rights in a severance agreement does not bar claims arising from the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Report Link USERRA Protections Have Far-Reaching Implications for Employers.Littler Mendelson, P.C. - December 10, 2007 This article is geared towards clarifying the Uniformed Services Employment and Reemployment Rights Act (USERRA) for employers that have employees on military leave of five years or more. Protections afforded under USERRA have far-reaching implications, including exceptions that if misinterpreted, could be damaging to an employer. Mr. Jaffe and Mr. Boyer clarify these exceptions and stress the importance of employers understanding the intricacies of this legislation. Due to the length of the military conflict in Afghanistan and Iraq, as well as President Bush's declaration of a National Emergency in the war on terrorism, Mr. Jaffe and Mr. Boyer caution, "Employers should reacquaint themselves with USERRA's statutory obligations and the interpretive federal regulations before ringing any bells that cannot be unrung." Report Link A Primer On USERRA.Fisher & Phillips, LLP - November 02, 2007 As the Iraq war continues, new service orders are being issued, existing commitments are being extended, and veterans are returning to work. These actions can cause problems in the workplace for employers. All employers have obligations to military service personnel, but we've found that few employers fully understand those obligations. This article outlines the law governing service members' employment-related rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Report Link Target Stung By Seven Figure Verdict In USERRA Case.Fisher & Phillips, LLP - August 03, 2007 Proving once again that employers can pay a steep price for disregarding the rights of returning Veterans, a jury recently awarded just under $1,000,000 to an Oregon National Guardsman who was discharged after seeking outside assistance to get his job back. Apparently in a sense of outrage, a jury in the U.S. District Court for the District of Oregon awarded an employee $85,000 in economic and compensatory damages and a whopping $900,000 in punitive damages, based largely upon the timing of the employer's discharge decision. Patton v. Target Corp. Report Link Hostile Work Environment Claims Held Cognizable Under USERRA.Ogletree Deakins - June 15, 2007 A federal district court judge in Kentucky recently held that a former Marine could sue his employer for both discrimination and harassment under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Because the right to be free from a hostile work environment is a "benefit of employment," the court held, the employee may proceed with his claim under USERRA. Report Link USERRA and the Five-Year Rule.Littler Mendelson, P.C. - June 05, 2007 More than five years after September 11, 2001 and the ensuing military engagements, many employers are facing the decision of what, if anything, they can or should do about employees who have been on military leave for more than five years. The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301, et seq., protects the employment of employees who take up to five years of cumulative military leave with the same employer. Report Link New Jersey Federal Court Holds that an Employee Is Bound By His Agreement Shortening Time to Sue Under USERRA.Littler Mendelson, P.C. - March 14, 2007 A federal district court in New Jersey has ruled that although claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which provides employment protections for employees who take military leave, must generally be brought within four years, an employee can be held to a shorter time limitation by agreement with his employer.
Report Link Military Personnel Have Job Protection Rights When Called To Duty.Shaw Valenza LLP - February 14, 2007 With the still unresolved political question of whether to “escalate” or “withdraw” from the Iraq war, America’s service men and women continue to be called away from their civil jobs to assist with the war effort. At least one source reports that, since September 11, 2001, approximately 550,000 reservists and members of the National Guard have been called to active duty. Of those, 475,000 have returned to the civilian work force. Report Link Court rejects employee's USERRA claim (pdf).Ogletree Deakins - September 12, 2006 Finds discharge stemmed from employee's misconduct. Report Link USERRA Poster Update (pdf).Buchanan Ingersoll & Rooney PC - May 19, 2006 The Uniformed Services
Employment and Reemployment
Rights Act (USERRA) poster has
been revised to include individuals
in the National Disaster Medical
System. Report Link The DOL Announces Final USERRA Regulations (pdf).Phelps Dunbar LLP - March 08, 2006 On December 19, 2005, the United States Department of Labor (the “DOL”) published final regulations interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). USERRA prohibits employment discrimination against people who serve in the military and provides certain reemployment rights to them when their service ends. Report Link DOL Finalizes USERRA Regulations (pdf).Phelps Dunbar LLP - February 07, 2006 On December 19, 2005, the Department of Labor published the final version of its notice to employers for use in informing employees of their benefits, rights and obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 70 FR 75246-75313. Report Link Final USERRA Regulations from Department of Labor Go into Effect January 18.Jackson Lewis LLP - January 19, 2006 While the Department of Labor's final regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994 do not impose any new obligations on employers, they provide new and specific guidance on a number of technical issues and turn internal guidance into binding regulations. Report Link Updated Information About Military Leaves.Fredrikson & Byron, P.A. - January 18, 2006 The federal Department of Labor’s Veterans Employment and Training Service (VETS) recently published final regulations implementing the “Uniformed Services Employment and Reemployment Rights Act” (USERRA). USERRA is the 1994 federal law that establishes rights and benefits for employees called to military service. Report Link DOL Finalizes USERRA Regulations Detailing the Reemployment Rights of Military Service Members.Littler Mendelson, P.C. - January 09, 2006 The Department of Labor has issued final regulations implementing the Uniformed Services Employment and Reemployment Rights Act of (USERRA). The new regulations, effective January 18, 2006, discuss employer's obligations and responsibilities to employees returning from military service leave. Report Link U.S. Department of Labor Also Issues Military Leave Regulations (pdf).Vedder Price - January 06, 2006 As discussed in our Labor Law Bulletin dated
December 22, 2005, the U.S. Department of Labor has
also issued final regulations under The Uniformed Services
Employment and Reemployment Rights Act of 1994
(“USERRA”). The regulations define/clarify key
provisions of USERRA and provide detailed guidance on
benefit entitlements and reemployment rights. Employers
are strongly encouraged to review and update, as
necessary, their military leave policies to ensure that
they are consistent with these regulations as well as
applicable state laws. The full text of the final regulations
can be found at http://www.nacua.org/
documentsUSERRA_FinalRules.pdf Report Link DOL Issues First-Ever Regulations On Military Leave Under USERRA (pdf).Ogletree Deakins - January 03, 2006 Today, the U.S. Department of Labor's Veterans Employment and Training Service
("VETS") issued the long-awaited new rules to implement the Uniformed Services
Employment and Reemployment Rights Act of 1994, as amended (USERRA), which were
originally proposed for public comment on September 30, 2004. Report Link Military Leave Regulations Issued (pdf).Vedder Price - December 20, 2005 On December 19, 2005, the Department of Labor (“DOL”) issued final regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (“USERRA”). These are the first comprehensive regulations ever issued describing the employment and reemployment rights of military service members under federal law. The full text of the final regulations can be found at: http://www.nacua.org/documents/USERRA_FinalRules.pdf. Report Link New Notice for USERRA Rights Must Be Posted as Part of Additional Compliance.Jackson Lewis LLP - March 24, 2005 The Veterans Benefits Improvement Act of 2004 amends portions of the 1994 Uniformed Services Employment and Reemployment Rights Act, providing reemployment protection and other benefits for veterans and employees who perform military services. Report Link New Notice Requirement for USERRA Rights Is Effective March 10.Jackson Lewis LLP - March 09, 2005 On December 10, 2004, President Bush signed into law the Veterans Benefits Improvement Act of 2004, which requires employers to provide notice to covered employees of their employment rights under the Uniformed Services Employment and Reemployment Rights Act. Report Link Proposed Regs Draw Little Public Attention (pdf).Vedder Price - January 28, 2005 The Uniform Services Employment and Re-Employment
Rights Act of 1994 (USERRA) provides significant
rights and benefits to employees who leave their jobs
voluntarily or involuntarily to perform duty in a uniformed
service. Report Link DOL to Clarify Employment Rights of Active Duty Personnel Under 1994 USERRA Law.Jackson Lewis LLP - December 10, 2004 The U.S. Department of Labor has drafted proposed regulations interpreting the Uniformed Services Employment and Reemployment Act of 1994. The law is intended to safeguard the employment rights and benefits of service members upon their return to civilian life. Report Link Employers May Need to Adjust Tax Treatment for Supplemental Military Leave Pay.Jackson Lewis LLP - December 10, 2004 Health care employers voluntarily providing employees on military leave with supplemental compensation during the time they are on leave should review their tax treatment of such payments. Report Link DOL Proposes Regulations to Provide Guidance on Implementing USERRA.Littler Mendelson, P.C. - October 12, 2004 On September 20, 2004, the United States Department of Labor ("DOL") issued proposed rules interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994. Report Link Employees Entering Military Service -- The Employee Benefit Aspects of USERRA.Buchanan Ingersoll & Rooney PC - May 20, 2004 This article discusses the employee benefit provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which provides certain employment-related rights and protections to individuals who leave employment to join the armed forces. Report Link Complying with Federal and State Laws Protecting Employment Rights of Military Personnel [PDF File, p.1].Jones Walker - September 29, 2003 Given recent hostilities, employers are being reminded by the Department of Labor that their workers who leave their civilian jobs for military service are protected by federal law—the Uniformed Services
Employment and Reemployment Rights Act (USERRA), which is enforced by the Department of Labor’s Veterans’ Employment and Training Service (VETS). Report Link What an Employer Should Know About Military Leaves.Fredrikson & Byron, P.A. - April 01, 2003 Many employers recently have experienced the military call-up of one or more of their employees. Still more employees may be called for military duty. Employers have and will continue to face questions regarding employees called to duty. The fundamental obligations of an employer when an employee is called to duty are outlined below. Report Link National Guard Duty Absences May Have Been A Motivating Factor In Firing Employee, Precluding Summary Judgment.Ballard Rosenberg Golper & Savitt - March 01, 2002 Discusses Leisek v. Brightwood Corp. 16 D.L.R. AA-1 (9th Cir. January 22, 2002), in which the court held that an employee's absences from work to fulfill National Guard Duty orders may have been a "motivating factor" in the employee's termination.
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