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Military Service Members Appeals

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

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

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (January 23 – January 27): Furnishing Statutory Meaning

The Supreme Court recently issued its first decision of the Term in Arellano v. McDonough, affirming the Federal Circuit and holding that a statutory provision governing the effective date of a veterans’ benefits application...more

Butler Snow LLP

Handling Appeals from Veterans Claims | Chris Attig | Texas Appellate Law Podcast

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The military veteran community has lots of legal needs, including legal assistance in handling veterans’ claims stemming from their service. These brave men and women often lack access to experienced advocates to help in this...more

Foley & Lardner LLP

Employers Beware: You May Be Required to Provide Paid Military Leave

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The Uniformed Services Employee and Reemployment Rights Act (USERRA) provides employees with a variety of leave entitlements for absences related to military service. The law does not explicitly require paying employees out...more

Foley & Lardner LLP

Federal Court Rules Military Leave Is Not Comparable to Other Types of Employer-Provided Paid Leaves

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Earlier this year, we wrote about the U.S. Court of Appeals for the Seventh Circuit’s decision in White v. United Airlines, Inc., in which the court concluded that paid military leave falls within the “rights and benefits”...more

Dorsey & Whitney LLP

The Supreme Court - December 10, 2020

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Rutledge v. Pharmaceutical Care Management Assn., No. 18-540: Arkansas’ Act 900 regulates the price at which pharmacy benefit managers (“PBMs”) reimburse pharmacies for the cost of drugs covered by prescription-drug plans....more

Butler Snow LLP

Chicken Fingers and Cat's Paws: 6th Circuit Reinstates Fired Employee's USERRA Claims

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Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to...more

Parker Poe Adams & Bernstein LLP

Extended Consideration of Accommodation Request OK in Unusual Circumstances

Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...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

Littler

Virginia Supreme Court Rules Sovereign Immunity Bars Private USERRA Claims Against State Employers in State Court

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The Supreme Court of Virginia, in Clark v. Virginia Department of State Police, No. 151857 (Dec. 1. 2016), recently ruled that the doctrine of sovereign immunity barred a private plaintiff’s claim under the Uniformed Services...more

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