USERRA

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

by Michael Mattingly | Dinsmore & Shohl LLP on 4/26/2013

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

by Anna A. Cohen, Jeffrey M. Landes, Susan Gross Sholinsky, Dean L. Silverberg | Epstein Becker & Green, P.C. on 3/11/2013

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

by Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Jurate Schwartz, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 2/13/2013

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

by Steven M. Bernstein | Fisher & Phillips LLP on 2/8/2013

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 Our troops are now withdrawn from Iraq, and thousands more are scheduled to return from Afghanistan over the course of 2013.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

by Stacie L. Caraway | Miller & Martin PLLC on 2/7/2013

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

DOL Issues Final Military Leave Regulations

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 2/6/2013

The US Department of Labor (DOL) on February 5 released a final rule implementing and interpreting the Family and Medical Leave Act amendments expanding military-related leave entitlements and the availability of leave for...more

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

by Charlie Plumb | McAfee & Taft on 1/24/2013

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

11th Circuit Rules Cat's Paw Theory Not Applicable In Age Discrimination Cases

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/23/2013

In Sims v. MVM, Inc., +2013 U.S. App. Lexis 1130 (11th Cir. 2013), the 11th Circuit Court of Appeals determined that the cat's paw theory of liability does not apply to the Age Discrimination in Employment Act (ADEA). Thus,...more

Is Firing an Employee the Same as Reemploying Him?

by Brooke Colaizzi | Sherman & Howard L.L.C. on 1/4/2013

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

by David Barron, Jessica Corbett, Keenya Harrold, Kimya Johnson, Emily Miller, Olufeyikemi Obafemi, Jeffrey Pasek, Carrie Rosen, Michael Schmidt, Marcy Stras, George Voegele | Cozen O'Connor on 1/1/2013

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2012

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

by Nexsen Pruet, PLLC on 12/18/2012

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...

by George R. Wood | Littler on 12/12/2012

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

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