HR Law 101 Ep. 9: How Does USERRA Apply To Your Company?
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
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
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
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
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
Join Sherman & Howard virtually for our annual Labor & Employment seminar. This event features dynamic speakers and practical takeaways for in-house counsel and HR professionals. FEATURED PRESENTATIONS: - Supreme Court...more
Q: Are employers required to pay wages to employees who are absent due to military service, similar to how they would be paid for jury duty or to attend a funeral? ...more
Commercial air pilot and Air Force reservist Eric White filed a class action against United Airlines under the United Services Employee and Reemployment Right Act (USERRA) claiming United violated USERRA by not providing paid...more
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
The Department of Labor recently issued a fact sheet intended to help employers understand their retirement plan obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). The law...more
On August 9, 2019, the Department of Labor (“DOL”) issued USERRA Fact Sheet 1, providing guidance to employers about their pension obligations to reemployed service members under the Uniformed Services Employment and...more
The Department of Labor’s Veterans Employment and Training Services (“VETS”) issued a new fact sheet (“Fact Sheet”) to help employers better manage their pension obligations under the Uniform Services Employment and...more
One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan....more
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
You probably already know that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) generally requires an employer to restore an employee to his or her previous position of employment upon returning from...more
Hurricanes. Fires. Floods. Shootings. The evening news seems consistently laden with catastrophe. In times like these, a federal agency called the National Disaster Medical System (NDMS) often springs into action. The...more
As a veteran of the United States Marine Corps and someone who has seen the challenges that veterans face firsthand, I can attest to the benefits of giving veterans an opportunity to return to work following periods of...more
The U.S. Supreme Court, in Obergefell v. Hodges, ruled that same-sex marriage is a constitutionally-protected right which cannot be infringed upon through governmental action. Although private sector employers do not...more
A federal district court in Colorado recently approved a settlement agreement resolving class action claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The documents filed in support...more