Uniformed Services Employment and Reemployment Rights Act

News & Analysis as of

Veterans Day: A Day to Remember, to Honor, and to Reexamine Compliance with Laws Protecting Servicemembers

As a veteran of the United States Marine Corps and someone who has seen the challenges that veterans face firsthand, I can attest to the benefits of giving veterans an opportunity to return to work following periods of...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

Honoring Our Veterans: The Employers Guide To Military-Veteran Employees

Veterans Day, which initially was conceived as a day to commemorate the end of World War I, has evolved into an annual celebration to honor those who have served in the U.S. Armed Forces. On Veterans Day we self-reflect...more

Checklist for Group Health Plan Participant Disclosure Requirements

There has been an explosion of participant disclosure requirements for group health plans in recent years. While health care reform created some of these new requirements, many of them became effective years earlier. For busy...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

How not to handle a Reservist with PTSD: Volvo Dismisses Army Reservist in violation of USERRA and the ADA

This week, Volvo said it would "take the blame if one of its self-driving cars crashes," but it's also taking the blame for dismissing an Army Reservist who deployed twice during the six years she worked for Volvo. This case...more

Employer Policies And Procedures That May Need To Be Updated In Light Of Obergefell

The U.S. Supreme Court, in Obergefell v. Hodges, ruled that same-sex marriage is a constitutionally-protected right which cannot be infringed upon through governmental action. Although private sector employers do not...more

The Basic Steps for an Employer to Comply with the Uniformed Services Leave Act

Since the law has been on the books for over a decade, most employers know that employees serving in our armed services who are called to active or reserve duty are entitled to job reinstatement, within certain parameters,...more

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

EZEFLOW USA, Inc. Will Pay $65,000 to Settle EEOC Disability Discrimination Lawsuit

Pipe Fittings Manufacturer Fired Disabled Veteran Instead of Providing a Reasonable Accommodation, Federal Agency Said - PITTSBURGH - EZEFLOW USA, a pipe fitting manufacturer located in New Castle, Pa., will pay...more

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

Quirky Question #244, An Update on Ebola

In Quirky Question #244, we discussed what employers should do to protect their employees and businesses in light of the potential Ebola threat. Last week, Defense Secretary Chuck Hagel ordered nearly 700 Minnesota National...more

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

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

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