News & Analysis as of

Veterans Uniformed Services Employment and Reemployment Rights Act Employer Liability Issues

Butler Snow LLP

Employers Should Not Forget the Federal Law That Protects Servicemembers

Butler Snow LLP on

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

McAfee & Taft

Jury to decide whether service member employees should be paid for military leave

McAfee & Taft on

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

Bowditch & Dewey

Servicemember Leave of Absences: Know Your USERRA Obligations

Bowditch & Dewey on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

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

Tucker Arensberg, P.C.

Do You Have to Provide Paid Military Leave?

Tucker Arensberg, P.C. on

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

Epstein Becker & Green

Seventh Circuit Holds That USERRA May Require Paid Leave During Short-Term Military Leave

Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”...more

Fisher Phillips

Labor Department Issues USERRA Guidance For Employers During COVID-19 Pandemic

Fisher Phillips on

Many businesses have likely had one or more employees who serve in the National Guard or Reserves activated to help respond to the COVID-19 pandemic. This often happens in times of emergencies; citizen-soldiers are activated...more

Orrick - Employment Law and Litigation

Five Common Mistakes Employers Make Under USERRA

1. Treating Voluntary Uniformed Service Differently than Involuntary Service - The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers of all types and sizes from discriminating against...more

Littler

Veterans Day: Going Beyond Giving a Day Off

Littler on

The tradition of annually recognizing the courage and contribution of our veterans dates back to November 11, 1919, the first anniversary of the end of World War I.  November 11th became a national holiday in 1938; employers...more

Butler Snow LLP

Chicken Fingers and Cat's Paws: 6th Circuit Reinstates Fired Employee's USERRA Claims

Butler Snow LLP on

Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to...more

Verrill

HR Law 101 Ep. 9: How Does USERRA Apply To Your Company?

Verrill on

The Uniform Services Employment and Reemployment Rights Act of 1994, also known as USERRA, has multiple responsibilities for employers and employees. In this episode of HR Law 101, attorney Tawny Alvarez will highlight a few...more

Orrick, Herrington & Sutcliffe LLP

Inside USERRA's Extensive Requirements for Employers

The Uniformed Services Employment and Reemployment Rights Act prohibits employers of all types and sizes from discriminating against applicants and employees on the basis of their military status or obligations, and...more

Orrick - Employment Law and Litigation

While Veteran-Friendly, USERRA’s Anti-Discrimination Provision Still Requires Adverse Employment Action For Employer Liability

With Memorial Day around the corner, it is an appropriate time for employers to review their management of employees who are members of the military....more

Nutter McClennen & Fish LLP

Reemployment Rights of Employees Returning from Active Duty in the Armed Forces

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, weighed in on the reemployment rights of employees returning from active duty in the...more

Orrick - Employment Law and Litigation

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

Orrick - Employment Law and Litigation

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

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