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First Circuit Holds Military Members May Be Entitled to Discretionary Promotions upon their Return from Service

The First Circuit Court of Appeals held that an employer may have discriminated against an employee by not giving him a discretionary promotion upon his return from a military deployment in Rivera-Melendez v. Pfizer Pharm.,...more

The FMLA – What's New as of its 20th Birthday

The 1993 Family and Medical Leave Act ("FMLA" or the "Act") turned 20 in 2013. To mark its 20th birthday, the U.S. Department of Labor released the 2012 FMLA Survey Report and issued a final rule implementing important...more

Layoff Upon Return From Military Leave May Qualify as a “Reemployment Position” Under the USERRA

According to the Eighth Circuit Court of Appeals, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requirement that a returning service member be reemployed in the position that he or she would have...more

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