News & Analysis as of

Wage and Hour Uniformed Services Employment and Reemployment Rights Act

Littler

USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court

Littler on

On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act...more

Jaburg Wilk

How Do I Know If My Employer Discriminated and/or Retaliated Against Me Based on My Military Status?

Jaburg Wilk on

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

Jaburg Wilk

Active-Duty Service Members and Veterans Are Protected Class Under USERRA

Jaburg Wilk on

When people think of a “protected class,” they often think of age, race, gender, or disability. While those are some of the classes protected by anti-discrimination laws, often-overlooked classes include honorably discharged...more

Seyfarth Shaw LLP

Belay that Order!  Supreme Court To Relook FAA’s Denial of Differential Pay to Coast Guard Reservist

Seyfarth Shaw LLP on

On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation. The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s...more

Porter Hedges LLP

Human Resources Compliance Audits (Part 2) UPDATED April 23 2024

Porter Hedges LLP on

This post is the second installment discussing best practices for conducting a Human Resources compliance audit. The first installment of the series provided an overview of the compliance audit process and practical advice at...more

Jackson Lewis P.C.

A USERRA Leave Primer for Manufacturing Employers

Jackson Lewis P.C. on

Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the...more

Sheppard Mullin Richter & Hampton LLP

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters

As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters...more

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

Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA

On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and...more

Willcox & Savage

Does USERRA Require Paid Leave for Service in the Military and Reserves? The Potential Answer May Surprise You.

Willcox & Savage on

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

CDF Labor Law LLP

San Francisco Passes Ordinance Requiring Differential Pay for Military

CDF Labor Law LLP on

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

Miles & Stockbridge P.C.

It’s Time for Employers to Review Military Leave Policies

The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all private employers in the U.S., regardless of size, and requires them to provide unpaid leave for up to five years for certain absences...more

Constangy, Brooks, Smith & Prophete, LLP

Where do the presidents rank on employment law?

In other words, which presidents can we -- ahem -- blame? George and Abe say, "Don't look at us." Just kidding. In honor of President's Day, I thought it might be fun to review which presidents were responsible for the...more

Bradley Arant Boult Cummings LLP

To Pay or Not to Pay Military Leave? Ninth Circuit Leaves Jury to Decide USERRA Comparability Analysis

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

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

McGuireWoods LLP

Federal Appeals Court Finds USERRA Requires Paid Military Leave

McGuireWoods LLP on

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

Seyfarth Shaw LLP

San Francisco Employees Now Entitled To Differential Pay For Military Leave

Seyfarth Shaw LLP on

On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and...more

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

San Francisco Passes Ordinance Requiring Private Employers to Provide Paid Military Leave

On January 20, 2023, San Francisco Mayor London Breed approved a city ordinance that will require large, private employers to provide differential paid leave for military reservists called up to active duty. The “Military...more

Quarles & Brady LLP

Legal Update: Paid Military Leave Suits Continue to Capture Attention

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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

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Akerman LLP - HR Defense

With U.S. Troops Heading to Europe, Employers Should Revisit Military Leave Policies

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

Quarles & Brady LLP

Legal Update: Pay for Military Leave Gaining Federal Court Support

Quarles & Brady LLP on

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

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

Jackson Lewis P.C. on

Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more

Lowndes

Weathering an Employer's Duties During the Storm

Lowndes on

Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to make landfall in the U.S....more

Lowndes

Weathering an Employer’s Duties During the Storm

Lowndes on

Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to threaten the U.S....more

Bradley Arant Boult Cummings LLP

You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!

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

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