When President Donald Trump sent National Guard troops to Los Angeles and Washington, D.C., in recent months, some private employers faced unplanned leaves of absence. Here are some considerations for employers to keep in mind when employees take military leave.
Articles Discussing USERRA.
DOL/VETS SALUTE Program for USERRA Compliance: Considerations for Employers
On July 24, 2025, the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL/VETS) launched a program for employers to seek guidance for ensuring compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The initiative is referred to as “SALUTE: Support and Assistance for Leaders
USERRA Amendments: What Employers Need to Know
The Dole Act recently amended and expanded employment protections afforded veterans by the Uniformed Services Employment and Reemployment Rights Act (USERRA). Read more about amendments to USERRA’s anti-retaliation provisions, potential remedies, and more here: Increased Workplace Protections for Veterans: Dole Act Amends USERRA – Jackson Lewis.
Increased Workplace Protections for Veterans: Dole Act Amends USERRA
TakeawaysThe Dole Act modifies USERRA’s anti-retaliation provisions, potential remedies, and more.It expands safeguards for veterans transitioning back to civilian life and returning to work.The Dole Act is the most recent enhancement to USERRA, but it is unlikely to be the final one.Related linkPublic Law 118-210Article
USERRA Protections Broadened by Dole Act
On January 2, 2025, then-President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act), a bipartisan bill that expands healthcare and other benefits for veterans. Among its various pro-veteran measures, the Dole Act introduced noteworthy amendments to the Uniformed Services Employment
Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)
In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper wages and for his military service obligations. The plaintiff alleges that the defendants violated
USERRA Case Highlights Employer Defenses to Allegations of Anti-Military Bias
USERRA prohibits employment discrimination and retaliation based on military status or obligations and includes broad reemployment rights. Recent case shows that a company’s pro-military/veteran position, policies, and programs can help establish a defense to USERRA claims alleging anti-military bias. Other defenses are also important to consider when defending USERRA claims.
USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court
On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act (USERRA).1 The case was brought by pilots who served in the Air Force Reserves who were
Ten Reasons Employers Should Pay More Attention to USERRA
The Uniformed Services Employment and Reemployment Rights Act (USERRA) differs in many respects from other employment protection and antidiscrimination statutes. This Insight discusses 10 key aspects of USERRA.
A USERRA Leave Primer for Manufacturing Employers
Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the production line. As a result, manufacturers rely on reasonable and enforceable attendance policies to support their operations. Those attendance policies must make room for appropriate employee time off under the Family and Medical Leave Act, state workers’ compensation laws, and perhaps the Americans With Disabilities Act (ADA). Employee leave requests for military duty are likewise protected by law.
$2.49 Million Verdict Underscores Expansive USERRA Protections
USERRA prohibits employment discrimination and retaliation based on military status or obligations and includes broad reemployment rights. USERRA is more far-reaching than other employment anti-discrimination laws in several respects. Multiple pending lawsuits could determine that USERRA requires employers to provide short-term paid military leave
Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA
On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
Military Leave and USERRA Reemployment Rights: 3 Steps for Reading Orders to Determine Five-Year Cap Exemptions
Employers may be surprised to learn that certain employees with greater than five years of military leave may still have reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA has numerous exemptions to the statute’s five-year service limit, and employers may need to consult
Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA
On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) after the DPS would not accommodate his medical conditions by employing
Military Personnel in a Civilian Workforce: Top 5 Frequently Asked USERRA Questions
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law that protects the civilian employment of active and reserve component military personnel and veterans. USERRA is a straightforward law with a central objective: to not penalize service members for their service. While most employers have