News & Analysis as of

Military Service Members

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

When Banks and SCRA Compliance Collide

by Conduent on

In the financial industry, non-compliance means violating or not complying with legal regulations, prescribed industry practices, internal governance, or ethical standards. Non-compliant behavior can have a major impact on...more

Air Force Security Clearance Files Compromised on Unsecured Backup Drive

Security researchers have discovered that an unsecured backup drive has compromised thousands of U.S. Air Force documents, including personnel files and sensitive forms filled out by senior and high-ranking officials. These...more

Limitations on Community Association Approval or Denial of Service Member Rental Applications

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven...more

Mortgage Servicer Enters in to $225 Million Consent Order with California DBO

by Goodwin on

On February 17, 2017, the California Department of Business Oversight (California DBO) announced that it had entered in to a $225 million consent order with a national mortgage servicer following an investigation by a...more

MLA Website malfunction

by Ballard Spahr LLP on

According to an announcement posted on the Military Lending Act (“MLA”) Website, “[b]etween February 9, 2017 and February 15, 2017 there was a problem with MLA Multiple Record Requests that prevented 149 request files from...more

Federal District Court Rebuffs Attempt by Navy Sailors to Satisfy Judgment Against Republic of Sudan by Attaching Assets Held by...

A recent decision by the United States District Court for the Southern District of New York delivered a victory to banks seeking to prevent judgment creditors from attaching assets “blocked” pursuant to Office of Foreign...more

Military Lending Act Compliance

by Burr & Forman on

On October 3, 2017, the Department of Defense’s revised Military Lending Act (“MLA”) regulations will apply to consumer credit card accounts. These regulations require significant changes and will alter the landscape of how...more

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

U.S. Military Special Operations Command Workers’ Data Exposed by Vendor

Military personnel continue to be victimized by data breaches. This time, the personal information of healthcare workers employed by Potomac Healthcare Solutions (Potomac), who work for a U.S. Special Operations Command were...more

Third Circuit Clarifies Plaintiff’s Burden of Proof for USERRA Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of...more

Exercise of Post-Petition Right to Setoff Without Court Permission Violated Automatic Stay

by Goodwin on

On November 16, 2016, the United States Bankruptcy Court for the Western District of Kentucky found that a creditor exercising its post-petition right to setoff without bankruptcy court permission had violated the automatic...more

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption.  We discuss below some typical scenarios that you are...more

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

by Littler on

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

Não deixe o samba morrer – Parte 2 (Don’t let samba die)

by Gerald Nowotny on

Panorama - Para muitas pessoas nesta semana, o impensável e inesperado se tornou uma realidade política com a eleição de Donald Trump. Se alguém estava se perguntando se a retórica rígida durante a campanha seria...more

The U.S. Department of Justice is Ramping Up its Enforcement of the Servicemembers Civil Relief Act

by McGuireWoods LLP on

Think you are in compliance with the Servicemembers Civil Relief Act? Now would be a good time to make sure since the federal government is increasing its enforcement efforts as part of its Servicemembers and Veterans...more

U.S. Navy Announces Breach of 134,386 Sailors’ Information from Laptop of Vendor

The U.S. Navy has revealed that it has been notified by one of its vendors that a laptop of the contractor was the source of a data breach that compromised the names and Social Security numbers of 134,386 current and former...more

GAO report highlights gap in SCRA oversight for private student loans; encourages CFPB to seek additional statutory authority

by Ballard Spahr LLP on

On November 18, the GAO released a report examining issues related to implementation of the Servicemembers Civil Relief Act (SCRA) interest rate cap for student loans. The Senate Committee on Homeland Security and...more

USERRA No Bar to Enforcing Employment Arbitration Agreement, Federal Appeals Court Rules

by Jackson Lewis P.C. on

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not prohibit compelling a former employee to arbitrate his USERRA claims under an arbitration agreement, the U.S. Court of Appeals for the...more

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

by Carlton Fields on

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Nao Deixe O Samba Morrer! (Don’t Let Samba Die!) Part 2 - What Now? - Immigration Planning Considerations after the Trump...

by Gerald Nowotny on

Overview - For many this week, the unthinkable and unexpected became a political reality with the election of Donald Trump. If anyone was wondering if the tough rhetoric during the campaign would be relaxed after the...more

CFPB to participate in interagency MLA webinar

by Ballard Spahr LLP on

On December 1, 2016, the  FDIC will co-host an interagency webinar that will focus on Military Lending Act regulations and the Department of Defense’s recently-released interpretive rule. In addition to a CFPB...more

As part of joint initiative with the CFPB, FTC launches updated, mobile-friendly Military Consumer website

by Ballard Spahr LLP on

This week, the FTC announced the launch of a redesigned Military Consumer website as part of its joint initiative with the DoD, CFPB and others. Military.Consumer.gov is a financial readiness website designed to help...more

Returning Veterans to Work: Reemployment Obligations for Employers under USERRA Vary Based on Length of Service

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

CFPB issues report on servicemember complaints

by Ballard Spahr LLP on

A new CFPB report, “A snapshot of servicemember complaints,” focuses on issues related to VA mortgage refinancing. The report indicates that as of November 1, 2016, the CFPB had received over 12,500 mortgage complaints...more

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