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Military Service Members Military Leave

Littler

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

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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?

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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

Lathrop GPM

USERRA Does Not Require Paid Military Leave...Or Does It?

Lathrop GPM on

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

Jaburg Wilk

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

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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

Ius Laboris

War and the workplace in Israel

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As combat operations continue in Gaza, there have been several developments affecting the workplace, employee rights, and employer obligations in Israel....more

Littler

New Puerto Rico Military Code: What Puerto Rico Employers Should Know

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On August 8, 2023, Puerto Rico’s government enacted Act No. 88-2023, known as the “Puerto Rican Military Code of the 21st Century” (“Military Code”). This new law supersedes the previously enacted Military Code of Puerto Rico...more

Brownstein Hyatt Farber Schreck

New Colorado Military Leave Law Now in Effect

Update for Employers With Colorado Employees Who Are Members of the Colorado National Guard or U.S. Armed Forces Reserves - Effective earlier this year, HB23-1045 clarifies employment leave requirements for members of the...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.

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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

Jackson Lewis P.C.

San Francisco Issues Implementation Guidance for Military Leave Pay Protection Act

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On February 19, 2023, San Francisco’s Private Sector Military Leave Pay Protection Act took effect. The ordinance requires covered employers to provide supplemental pay to an employee while on leave for military duty for up...more

Littler

San Francisco Issues Paid Military Leave FAQs

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San Francisco’s Office of Labor Standards Enforcement (OLSE) published FAQs concerning the new Military Leave Pay Protection Act (MLPPA), which took effect on February 19, 2023 and requires employers with 100 or more...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

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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

Jackson Lewis P.C.

San Francisco Passes Ordinance Mandating Paid Military Leave

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On January 20, 2023, San Francisco approved the Military Leave Pay Protection Act, which mandates that certain employers must provide paid leave for employees taking leave for military duty. The ordinance takes effect 30...more

Littler

New San Francisco Law Requires Supplemental Compensation During Military Leave

Littler on

On January 20, 2023, San Francisco, California’s mayor signed the Military Leave Pay Protection Act (MLPPA), which will require employers with 100 or more employees to supplement the pay of covered employees during a...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

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

Military Leave and USERRA Reemployment Rights: 3 Steps for Reading Orders to Determine Five-Year Cap Exemptions

​​​​​​​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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says USERRA Requires Reinstatement to Equivalent but Not Identical Position

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

Epstein Becker & Green

A Divided Court Rules Against States in Veterans’ Employment and Indian Country Criminal Jurisdiction Cases: SCOTUS Today

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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

Littler

Alberta, Canada: Bill 17 Receives Royal Assent and Expands Reservist Leave and Bereavement Leave

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On May 31, 2022, Alberta’s Bill 17, Labour Statutes Amendment Act, 2022, received Royal Assent, and the following amendments to Reservist Leave and Bereavement Leave in the province’s Employment Standards Code came into...more

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