News & Analysis as of September 19, 2024

Hiring & Firing › Military Leave

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

McAfee & Taft on 2/9/2023

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

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

Epstein Becker & Green on 3/9/2021

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

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 8/21/2020

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

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

Fisher Phillips on 4/20/2020

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

Five Common Mistakes Employers Make Under USERRA

Orrick - Employment Law and Litigation on 1/13/2020

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

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

Butler Snow LLP on 10/1/2019

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

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

Verrill on 6/12/2019

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

Eighth Circuit Reminds Employers to Communicate with Employees on Leave

Saul Ewing LLP on 8/23/2018

Last week, the Court of Appeals for the Eighth Circuit revived an employee's challenge that the employer failed to re-employ him when he returned from protected leave. ...more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 9/8/2017

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Discover (or rediscover) U.S. employment law: Your questions, our answers

Dechert LLP on 4/27/2017

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal...more

Employment Law - October 2015 #3

Manatt, Phelps & Phillips, LLP on 10/28/2015

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

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Hiring & Firing › Military Leave

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