Uniformed Services Employment and Reemployment Rights Act

News & Analysis as of

EEOC’s Tough Stance on Employee Separation Agreements

Employers like separation agreements. Separation agreements, of course, are contracts that employees sign when their employment is terminated that allows them to be paid severance and in exchange they usually give up the...more

Starting with Employee 1

While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee...more

Employment Law Posters to be Displayed in the Workplace – Some New and Some Old

When the Oklahoma legislature revamped Oklahoma’s anti-discrimination laws in mid-2013, one of the new requirements imposed (and enforced by the Oklahoma Attorney General’s Office of Civil Rights’ Enforcement) was a...more

From D-Day to Afghanistan: Honoring Our Veterans by Reemploying Them

Seventy years ago, on June 6, 1944, the Allies’ liberation of Europe began with D-Day. Anyone who has had the privilege to travel to Saint-Laurent-sur-Mer in France and walk Omaha Beach and the surrounding area is struck by...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 42: Military Veterans And Their...

Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the employment rights of private sector military veterans. In the wake of Vietnam War, two wars...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 33: The “Cat’s Paw” Doctrine: Conniving...

Over the fifty years of equal employment opportunity law jurisprudence, many obviously-named legal theories have emerged, including the Continuing Violations Doctrine, the Avoidable Consequences Doctrine, and the...more

Court Approves USERRA Class Action Settlement Over Pension Contributions

A federal district court in Colorado recently approved a settlement agreement resolving class action claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The documents filed in support...more

Company Selling Assets Must Include Employees on Military Leave in List of Employees Available for Hire

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides broad protections to employees called for active military service. Last month, the Eighth Circuit Court of Appeals found that these protections...more

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!...more

Returning military reservist allowed to invoke USERRA “escalator principle” for failure to reinstate into higher-level job

The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran’s claim that Pfizer violated the “escalator principle” that is a unique element of the federal Uniformed Services...more

Fenwick Employment Brief - November 2013

Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

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

11th Circuit Grounds U.S. Air Force Reservist’s USERRA Claim

On April 5, 2013 the U.S. Court of Appeals for the 11th Circuit issued its opinion in Landolfi v. Melbourne1, holding that although an employee’s military service motivated the employer’s promotion decisions, his Uniformed...more

Act Now Advisory: FMLA UPDATE: Expanded Leave for Military Families and Airline Flight Crews

On March 8, 2013, the U.S. Department of Labor’s (“DOL”) Final Rule will go into effect, implementing regulations expanding Family and Medical Leave Act (“FMLA”) protections to military families and airline flight crews,...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

Labor Letter, February 2013: Reintegrating Your Workplace Warriors

Over the past decade, we have seen the largest military deployment since World War II. Our troops are now withdrawn from Iraq, and thousands more are scheduled to return from Afghanistan over the course of 2013. By the end...more

New FMLA Regulations Issued in Final Form

Aside from the new poster requirement, the other change in the new regulations which is anticipated to have the most widespread effect on employers is the “clarification” of the increments in which employers can require...more

EmployerLINC.com - January 22, 2013: Limits on reemployment rights under USERRA

Under the Uniform Services Employment and Reemployment Rights Act (USERRA), employers may not discriminate against employees based on military service. USERRA also affords employees returning from military leave with...more

Is Firing an Employee the Same as Reemploying Him?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires an employer to return a military veteran-employee to the "position of employment" he or she would have been in had the employee not left to...more

Labor and Employment Observer 2012/2013

In This Issue: - Message from the Chair - A Second Obama Administration’s Impact on Labor and Employment Issues - Will There be Comprehensive Immigration Legislation After the 2012 Presidential...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

2012 Employment and Labor Law Final Exam Answer Key

We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year. ...more

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and...

In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act...more

Staying Ahead of the Curve As You Expand Your Workforce

As seen in The Goods published by the Kentucky Association of Manufacturers. Based on the recently conducted 2012 Annual Manufacturing Wage and Benefit Survey, 52% of Kentucky manufacturers plan to hire between one and...more

2012 Employment and Labor Law Final Exam

As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s second annual final exam. We will send out answers to the exam in two weeks. But before we send out the...more

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