News & Analysis as of

Military Leave

Littler

USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court

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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...more

Jaburg Wilk

How Do I Know If My Employer Discriminated and/or Retaliated Against Me Based on My Military Status?

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USERRA prohibits an employer from discriminating against an employee because of their past or current military service. Specifically, USERRA prohibits an employer from denying service members initial employment, reemployment,...more

Lathrop GPM

USERRA Does Not Require Paid Military Leave...Or Does It?

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The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the...more

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

Ius Laboris

War and the workplace in Israel

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As combat operations continue in Gaza, there have been several developments affecting the workplace, employee rights, and employer obligations in Israel....more

Rumberger | Kirk

2024 Proposed Bills Affecting Florida Public and Private Employers

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The 2024 Florida Legislative Session is officially in full swing. Below is a list of proposed bills that, if passed, may affect employers moving forward. The Employment team at RumbergerKirk will continue to monitor all...more

Faegre Drinker Biddle & Reath LLP

Considerations for Israeli Employers During Israel-Hamas War

As a result of the recent terrorist attacks in Israel and the resulting Israel-Hamas war, Israelis continue to be called upon for active duty under Israel’s emergency call-up notice. Global employers with operations and/or...more

Littler

New Puerto Rico Military Code: What Puerto Rico Employers Should Know

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On August 8, 2023, Puerto Rico’s government enacted Act No. 88-2023, known as the “Puerto Rican Military Code of the 21st Century” (“Military Code”). This new law supersedes the previously enacted Military Code of Puerto Rico...more

Brownstein Hyatt Farber Schreck

New Colorado Military Leave Law Now in Effect

Update for Employers With Colorado Employees Who Are Members of the Colorado National Guard or U.S. Armed Forces Reserves - Effective earlier this year, HB23-1045 clarifies employment leave requirements for members of the...more

Littler

Littler Lightbulb – June Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. At the Supreme Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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...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

Weintraub Tobin

California Employment News: Navigating the SF Military Leave Pay Protection Act

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A new law mandates employers to provide appropriate military leave compensation for San Francisco employees while they are away for military duty. Katie Collins reviews the SF Military Leave Pay Protection Act in this episode...more

Weintraub Tobin

California Employment News: Navigating the SF Military Leave Pay Protection Act

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A new law mandates employers to provide appropriate military leave compensation for San Francisco employees while they are away for military duty. Katie Collins reviews the SF Military Leave Pay Protection Act in this episode...more

CDF Labor Law LLP

San Francisco Passes Ordinance Requiring Differential Pay for Military

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On February 19, 2023, the City of San Francisco’s new ordinance, the Military Leave Pay Protection Act (“MLPPA”), went into effect, which requires private San Francisco employers who have at least 100 employees worldwide, to...more

Miles & Stockbridge P.C.

It’s Time for Employers to Review Military Leave Policies

The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all private employers in the U.S., regardless of size, and requires them to provide unpaid leave for up to five years for certain absences...more

Jackson Lewis P.C.

San Francisco Issues Implementation Guidance for Military Leave Pay Protection Act

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On February 19, 2023, San Francisco’s Private Sector Military Leave Pay Protection Act took effect. The ordinance requires covered employers to provide supplemental pay to an employee while on leave for military duty for up...more

Littler

San Francisco Issues Paid Military Leave FAQs

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San Francisco’s Office of Labor Standards Enforcement (OLSE) published FAQs concerning the new Military Leave Pay Protection Act (MLPPA), which took effect on February 19, 2023 and requires employers with 100 or more...more

Bradley Arant Boult Cummings LLP

To Pay or Not to Pay Military Leave? Ninth Circuit Leaves Jury to Decide USERRA Comparability Analysis

Do you have to pay an employee on military leave? Generally, you only have to pay for military leave if you pay employees on “comparable” leaves. So what is a comparable leave? In Clarkson v. Alaska Airlines, Inc., the Ninth...more

Amundsen Davis LLC

Local and State Employment Law Update: Wages & Employee Rights

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Check out some of the most recent state law updates on employee rights, leave and minimum wage. CALIFORNIA- •San Francisco Ordinance No. 8-23: As of February 20, 2023, San Francisco employers will be required to pay...more

McAfee & Taft

Jury to decide whether service member employees should be paid for military leave

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Thanks to a recent ruling by the federal Ninth Circuit Court of Appeals (which covers California, Oregon, Washington, Idaho, Montana, Nevada and Arizona), Alaska Airlines now faces a jury trial in a class action claim that it...more

McGuireWoods LLP

Federal Appeals Court Finds USERRA Requires Paid Military Leave

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On Feb. 1, 2023, the U.S. Court of Appeals for the Ninth Circuit held that employers who provide paid short-term leave for some reasons — such as for sickness, bereavement or jury duty — must also pay employees who take...more

Seyfarth Shaw LLP

San Francisco Employees Now Entitled To Differential Pay For Military Leave

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On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and...more

Jackson Lewis P.C.

San Francisco Passes Ordinance Mandating Paid Military Leave

Jackson Lewis P.C. on

On January 20, 2023, San Francisco approved the Military Leave Pay Protection Act, which mandates that certain employers must provide paid leave for employees taking leave for military duty. The ordinance takes effect 30...more

Littler

New San Francisco Law Requires Supplemental Compensation During Military Leave

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On January 20, 2023, San Francisco, California’s mayor signed the Military Leave Pay Protection Act (MLPPA), which will require employers with 100 or more employees to supplement the pay of covered employees during a...more

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