|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
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 Fired National Guard Member May Pursue USERRA Harassment Claim.McGuire Woods LLP - May 30, 2008 An Alabama National Guard member fired from his job at an auto assembly plant has no unlawful termination claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA), but may pursue a claim for harassment based on his military status, the U.S. District Court for the Middle District of Alabama ruled May 21 in Dees v. Hyundai Motor Mfg. Ala. LLC, (M.D. Ala., No. 07-306, 5/21/08). 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 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 New Military Leave Regulations Clarify National Guard And Reserve Obligations (pdf).Nexsen Pruet - January 25, 2006 In response to the mobilization of over 500,000 National Guard and Reserve members to support
the military operations in Iraq and Afghanistan, the U.S. Department of Labor (DOL) recently issued
a comprehensive set of regulations explaining and clarifying the Uniformed Services Employment
and Reemployment Act (USERRA). 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 Department of Labor Issues Final Regulations Interpreting USERRA (pdf).Hogan & Hartson LLP - January 18, 2006 This Update discusses the new regulations issued by the Department of Labor interpreting the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA prohibits discrimination and retaliation by employers because of an employee's military service and prevents service members from experiencing job setbacks due to their performance of military obligations. The new regulations provide guidance and clarification regarding the rights and obligations of employees and employers under USERRA. 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 New Employer Notice Requirement And Extended Period Of Continuation Health Coverage For Employees On Qualified Military Service.Cooley Godward Kronish LLP. - February 24, 2005 On December 10, 2004, President Bush signed into law the Veterans Benefits Improvement Act of 2004, S. 2486 (the “VBIA”). This Act modifies and extends education, housing, employment and other benefits for United States veterans. Of import to employers, the VBIA contains two provisions that affect employers’ obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), which provides employment rights and benefits to employees on qualified military service. 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 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 What To Do When 'Uncle Sam' Calls.Kirkpatrick & Lockhart LLP - March 15, 2003 Employers are encouraged to review their employee policies and understand their company’s obligations to workers who may be called up for military service. Report Link Employer Responsibilities Under USERRA.Thompson Hine LLP - February 15, 2003 This summary provides information for employers employing anyone who is a member of the United States Armed Forces, Coast Guard, National Guard, Reserves or Public Health Service. Report Link Military Leave: When Your Employees Reports for Active Duty [PDF File]Akin Gump Strauss Hauer & Feld, LLP. - January 01, 2002 USERRA affords employees various workplace-related protections when they report for active duty, and in many
cases, USERRA will continue to protect them long after they return from the battlefield. Report Link USERRA: Guide to Military Leave.Thelen Reid & Priest LLP - October 11, 2001 The activation of military reservists requires employers to consider the impact of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Report Link A Non-Technical Resource Guide to the Uniformed Services Employment and Reemployment Rights Act USERRA [PDF File].Department of Labor - February 01, 2001 Twenty page outline discussing USERRA rights; topics include, "Who's eligible for reemployment?", "Reporting Back to Work", "Documentation upon Return", "How to place eligble persons in a Job", "Undue Hardship", and "Rights of Reemployed Persons" Report Link Uniformed Services Employment and Reemployment Rights.Department of Labor - (No Date) Section of DOL's Small Business Handbook on USERRA. Discusses who is covered and the law's basic provisions. Report Link Elaw Advisor - Uniformed Services Employment and Reemployment Rights Act.Department of Labor - (No Date) The Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor helps Veterans understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act. This Advisor was developed by the Veterans' Employment and Training Service.
|
ArticlesFound: 37 ArticlesNO SUBTOPICSEmployment Law Seminars
Mississippi Employment Law Seminar
Biloxi
August 7-8, 2008 Phelps DunbarDon’t Shoot the Messenger!Online
August 7, 2008 Elabree ThompsonThe 2008 Houston Area EmployerHouston
August 7, 2008 LittlerReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
August 12 2008 Ballard RosenbergThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActWaterbury
2008-8-13 Jackson Lewis LLPStrategies For Keeping The EEOC/DFEH Away & What To Do If They Show UpSan Diego
August 13, 2008 Barker Olmsted & Barnier11th Annual Labor & Employment LawSeattle
August 14-15, 2008 The Seminar GroupPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
August 14, 2008 Shaw Valenza3rd Annual Virginia Labor and Employment Law SeminarMarion
August 14, 2008 Baker DonelsonThe New Formula for Success: E³ = MC (Employees*Economy*Energy = Managing Costs)Online
August 14, 2008 Littler |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2006 elinfonet.com, llc.
All Rights Reserved.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds