News & Analysis as of

Military Service Members Corporate Counsel

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

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for August 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Littler

DoD Reopens Unpaid Military Internship Program to New Employers

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Every year around 200,000 service members leave active duty to re-enter the civilian work force or pursue higher education. The SkillBridge internship program grants military members the opportunity to gain valuable civilian...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

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

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says USERRA Requires Reinstatement to Equivalent but Not Identical Position

The Uniformed Services Employment and Reemployment Rights Act (USERRA) contains some of the most expansive employee rights provisions under federal law, requiring employers not only to reinstate service members to their...more

Poyner Spruill LLP

Fourth Circuit Affirms Ruling In Favor of Employer in USERRA Case

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In a decision issued on May 10, 2022, the United States Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the employer in a case involving alleged wrongful termination in violation of the Uniformed...more

Bradley Arant Boult Cummings LLP

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment

How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and...more

Clark Hill PLC

Do You Have Employees Performing Military Duties During COVID-19?

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The Uniformed Services Employment and Reemployment Rights Act’s (USERRA) federal statutory and regulatory framework prohibits employers of all types and sizes from discriminating against applicants and employees based on...more

Amundsen Davis LLC

Refresher On The USERRA: Employers’ Obligations Regarding Employees In Military Service

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This month, two federal circuit court of appeals reversed district courts’ grants of summary judgment in cases filed under the Uniformed Services Employment and Reemployment Rights Act (USERRA). With these twin cases, it...more

Littler

Veterans Day: Going Beyond Giving a Day Off

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The tradition of annually recognizing the courage and contribution of our veterans dates back to November 11, 1919, the first anniversary of the end of World War I.  November 11th became a national holiday in 1938; employers...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

Orrick - Employment Law and Litigation

Third Circuit Court of Appeals Rejects Broadening USERRA’S Evidentiary Burden For Discrimination Claims

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against members of the U.S. military and imposes various obligations on employers with respect...more

Proskauer - Law and the Workplace

Proposed Amendment to NYC Human Rights Law Would Prohibit Discrimination Against Uniformed Service Members and Veterans

An amendment to the New York City Human Rights Law (NYCHRL) introduced before the City Council this week would add current or prior service in the uniformed services as a protected class under the law. If approved by the...more

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

Job Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit

On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and...more

Littler

California Legislative Update: Proposals Include PAGA Reform, Salary History Limitations, and Equal Pay Expansion

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The pace of employment legislative activity in Sacramento picked up as February drew to a close. The following highlights some of the more notable issues under consideration in the Golden State. PAGA Reform?...more

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