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Military Leave Military Service Members Wage and Hour

Littler

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

Littler on

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

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

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

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

CDF Labor Law LLP

San Francisco Passes Ordinance Requiring Differential Pay for Military

CDF Labor Law LLP on

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

Littler

San Francisco Issues Paid Military Leave FAQs

Littler on

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

McAfee & Taft

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

McAfee & Taft on

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

Seyfarth Shaw LLP on

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

Littler on

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

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

San Francisco Passes Ordinance Requiring Private Employers to Provide Paid Military Leave

On January 20, 2023, San Francisco Mayor London Breed approved a city ordinance that will require large, private employers to provide differential paid leave for military reservists called up to active duty. The “Military...more

Quarles & Brady LLP

Legal Update: Paid Military Leave Suits Continue to Capture Attention

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Since the Seventh Circuit rendered its 2021 groundbreaking decision in White v. United Airlines, Inc., et al.—becoming the first federal appellate court to hold that employers may need to pay employees who take leave pursuant...more

Littler

Alberta, Canada: Bill 17 Receives Royal Assent and Expands Reservist Leave and Bereavement Leave

Littler on

On May 31, 2022, Alberta’s Bill 17, Labour Statutes Amendment Act, 2022, received Royal Assent, and the following amendments to Reservist Leave and Bereavement Leave in the province’s Employment Standards Code came into...more

Akerman LLP - HR Defense

With U.S. Troops Heading to Europe, Employers Should Revisit Military Leave Policies

In the wake of the recent Ukraine invasion, more U.S. troops are being deployed to Europe to support NATO countries. Among these are members of the National Reserve and National Guard, who typically maintain civilian jobs...more

Quarles & Brady LLP

Legal Update: Pay for Military Leave Gaining Federal Court Support

Quarles & Brady LLP on

In February of 2021, we published an Alert on the Seventh Circuit’s groundbreaking decision in White v. United Airlines, Inc., et al., in which it became the first federal appellate court to address the issue of pay for...more

Bradley Arant Boult Cummings LLP

You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!

The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the...more

Sherman & Howard L.L.C.

Anchors Away, Leave For Reservists With Pay?

Since 1940, the United States has provided some form of job protection to civilian employees who also serve their country as members of the military. Most recently, in 1994, Congress enacted the Uniformed Services...more

Morgan Lewis

Third Circuit Joins Seventh Circuit in Holding Paid Leave May Be Required During Military Service

Morgan Lewis on

The US Court of Appeals for the Third Circuit held on August 10 in Travers v. Federal Express Corporation that paid leave is among the “rights and benefits” that the Uniformed Services Employment and Reemployment Rights Act...more

Roetzel & Andress

O Say Can You See? Federal Courts Say Military Members Entitled To Paid Leave

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This week, the federal appellate court in Pennsylvania ruled that workers who take leave to serve in the military must be paid for that time if their employers offer other forms of comparable short-term paid leave. The Third...more

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