HR Law 101 Ep. 9: How Does USERRA Apply To Your Company?
USERRA prohibits an employer from discriminating against an employee because of their past or current military service. Specifically, USERRA prohibits an employer from denying service members initial employment, reemployment,...more
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
With Veterans Day recently passed, it seems like a good time to remind employers of a federal law with teeth that protects employed servicemembers. It behooves employers not to overlook USERRA, the “Uniformed Services...more
A little more than a year after U.S. Army veteran Le Roy Torres kept his case alive at the U.S. Supreme Court, a Texas jury voted unanimously to award him $2.49 million on the claim that his former employer, the Texas...more
Most employers are well aware that the Uniform Services Employment and Reemployment Rights Act, (“USERRA”) requires businesses to grant protected leave to employees called to active duty or engaged in reserve training. ...more
On February 19, 2023, the City of San Francisco’s new ordinance, the Military Leave Pay Protection Act (“MLPPA”), went into effect, which requires private San Francisco employers who have at least 100 employees worldwide, to...more
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
Thanks to a recent ruling by the federal Ninth Circuit Court of Appeals (which covers California, Oregon, Washington, Idaho, Montana, Nevada and Arizona), Alaska Airlines now faces a jury trial in a class action claim that it...more
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
Since the Seventh Circuit rendered its 2021 groundbreaking decision in White v. United Airlines, Inc., et al.—becoming the first federal appellate court to hold that employers may need to pay employees who take leave pursuant...more
A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities....more
Employers may be surprised to learn that certain employees with greater than five years of military leave may still have reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994...more
When it comes to considering potential employment issues that could arise in your brewery, the list of possibilities may seem neverending. One issue that tends to come up less frequently than others is employee leave and...more
On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act...more
In a 5-4 decision, the United States Supreme Court held state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. Texas Department of...more
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
With his retirement to begin on June 30 at noon, Justice Breyer leads a 5-4 split in Torres v. Texas Department of Public Safety, with the Chief Justice and Justice Kavanaugh, along with Justices Sotomayor and Kagan, joining...more
In the wake of the recent Ukraine invasion, more U.S. troops are being deployed to Europe to support NATO countries. Among these are members of the National Reserve and National Guard, who typically maintain civilian jobs...more
In February of 2021, we published an Alert on the Seventh Circuit’s groundbreaking decision in White v. United Airlines, Inc., et al., in which it became the first federal appellate court to address the issue of pay for...more
Most employers know that under federal law they have to provide job protected, unpaid military leave to their employees. There are, of course, various requirements and standards, but assuming those are met, employees may take...more
The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the...more
As the 2021 hurricane season begins to threaten the Texas coast, many Texas National Guard members will find themselves called to State-Active Duty for rescues or humanitarian relief efforts. These proudly serving Texas...more
Since 1940, the United States has provided some form of job protection to civilian employees who also serve their country as members of the military. Most recently, in 1994, Congress enacted the Uniformed Services...more
The US Court of Appeals for the Third Circuit held on August 10 in Travers v. Federal Express Corporation that paid leave is among the “rights and benefits” that the Uniformed Services Employment and Reemployment Rights Act...more
Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary...more