News & Analysis as of

Active Duty Military Service Members

Jaburg Wilk

Active-Duty Service Members and Veterans Are Protected Class Under USERRA

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When people think of a “protected class,” they often think of age, race, gender, or disability. While those are some of the classes protected by anti-discrimination laws, often-overlooked classes include honorably discharged...more

Seyfarth Shaw LLP

Belay that Order!  Supreme Court To Relook FAA’s Denial of Differential Pay to Coast Guard Reservist

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On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation. The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s...more

Dunlap Bennett & Ludwig PLLC

New Settlement Sets Lease-Breaking Precedent Under The SCRA

In a landmark settlement, a property management company and its landlord have agreed to pay a significant sum following allegations of violating the Servicemembers Civil Relief Act (SCRA). The U.S. Attorney’s Office, Eastern...more

Willcox & Savage

Does USERRA Require Paid Leave for Service in the Military and Reserves? The Potential Answer May Surprise You.

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Most employers are well aware that the Uniform Services Employment and Reemployment Rights Act, (“USERRA”) requires businesses to grant protected leave to employees called to active duty or engaged in reserve training. ...more

Hudson Cook, LLP

CFPB Issues SCRA Paper Identifying Underused Benefits

Hudson Cook, LLP on

A couple of months ago, the Consumer Financial Protection Bureau issued a research paper it said revealed that many active duty servicemembers who were entitled to interest rate reductions under the federal Servicemembers...more

Ballard Spahr LLP

DOJ sues towing company over SCRA default judgment violations

Ballard Spahr LLP on

On March 3, 2023, the U.S. Department of Justice (DOJ) filed a complaint against a towing company located near a Marine base alleging violations of the Servicemembers Civil Relief Act’s (SCRA) prohibition against default...more

Akerman LLP - HR Defense

A Reminder of Employer Obligations to Service Members

A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities....more

Kohrman Jackson & Krantz LLP

State Agencies Not Immune From Federal Uniformed Services Employment And Reemployment Rights Act Claims

In a 5-4 decision, the United States Supreme Court held state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. Texas Department of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Torres v. Texas Department of Public Safety

On June 29, 2022, the U.S. Supreme Court decided Torres v. Texas Department of Public Safety, No. 20-603. The Court held that a State may not invoke sovereign immunity as a legal defense to block a civil lawsuit filed against...more

McGlinchey Stafford

Court Holds Ohio’s SCRA Not Applicable to Residential Mortgages

McGlinchey Stafford on

In a case of first impression in Ohio, the Fairfield County Court of Common Pleas held that R.C. § 1343.031, Ohio’s version of the Servicemembers Civil Relief Act (SCRA), does not apply to residential mortgages. This decision...more

Jackson Lewis P.C.

Virginia Expands Housing, Employment Protections for Military Members

Jackson Lewis P.C. on

A new Virginia law expands the state’s prohibitions on discrimination in residential real estate transactions and in employment against military members. HB 2161 adds “military status” to the list of protected classes of...more

Jackson Lewis P.C.

Who Are Veterans under California’s FEHA?

Jackson Lewis P.C. on

Veterans Day is a federal holiday in the United States for honoring military veterans, who are people who have served in the United States Armed Forces. On this special day, it is also a time to remember workplace protections...more

Patrick Malone & Associates P.C. | DC Injury...

Active duty military personnel near a small win on medical malpractice claims

The U.S. government is on the brink of giving active duty military personnel half a legal loaf when it comes to a fundamental constitutional right — their chance to seek justice in the civil courts if they suffer harms while...more

Littler

DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program

Littler on

In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of...more

Hudson Cook, LLP

Washington Regulator Interprets SCRA Scope Broadly

Hudson Cook, LLP on

The Servicemembers Civil Relief Act offers servicemembers financial protections, including the ability to have interest rates reduced to 6%, when a servicemember is called to active duty after entering into a credit...more

Patrick Malone & Associates P.C. | DC Injury...

Defense bill may offer active service personnel a way to win back key rights

Although members of Congress have fled the nation’s capital for their annual August recess, there’s guarded optimism that lawmakers may be open to reversing a seven-decades-old U.S. Supreme Court ruling that bars active duty...more

Patrick Malone & Associates P.C. | DC Injury...

High court leaves it to Congress to restore service members’ basic rights

The U.S. Supreme Court has left it up to Congress to decide if service members may pursue in the civil justice system claims that they have suffered harms while seeking medical services, a fundamental civil right now denied...more

Patrick Malone & Associates P.C. | DC Injury...

Bill takes aim at injustice for service personnel hurt by military medical care

Members of Congress have taken steps aimed at allowing service members to pursue actions in the civil justice system when they suffer harms while seeking medical services, a fundamental civil right now denied to military...more

Steptoe & Johnson PLLC

Employee Benefits While on Leave

Steptoe & Johnson PLLC on

You probably already know that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) generally requires an employer to restore an employee to his or her previous position of employment upon returning from...more

Ballard Spahr LLP

California Further Expands Protections to Servicemembers, Restricts Credit Reporting About Active Duty Status, Requires Written...

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On September 19, 2018, California enacted AB-3212. The Bill amends the California Military and Veterans Code to expand the protections offered to qualifying servicemembers under state law and to impose new criminal penalties...more

Butler Weihmuller Katz Craig LLP

Safeguarding Every Veteran's Benefits: Lessons From Bruce V. Mcdonald, 2017 WL 57172

On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration (VA) and the Board of Veterans Appeals (the Board) that a service member who requested a...more

Poyner Spruill LLP

Foreclosure Protection for Service members Extended by Congress

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In 2008 Congress passed legislation which extended the protection from foreclosure actions for active duty servicemembers for up to 9 months after the end of a servicemember’s military service. In 2012, Congress extended...more

Morrison & Foerster LLP

DOD Adopts Sweeping Changes to Rules Implementing Military Lending Act Provisions

On July 21, 2015, the Department of Defense (DOD) adopted sweeping changes to its rules that implement the Military Lending Act (MLA). The amended rules significantly expand the scope of the MLA provisions by covering both...more

Pullman & Comley - Labor, Employment and...

The Basic Steps for an Employer to Comply with the Uniformed Services Leave Act

Since the law has been on the books for over a decade, most employers know that employees serving in our armed services who are called to active or reserve duty are entitled to job reinstatement, within certain parameters,...more

Ballard Spahr LLP

Has the SCRA been amended for everyone?

Ballard Spahr LLP on

Not only student loan servicers, but all companies, particularly those subject to the CFPB’s supervisory authority, face new compliance risk under the Servicemembers Civil Relief Act (the “SCRA”) as a result of the stunning...more

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