HR Law 101 Ep. 9: How Does USERRA Apply To Your Company?
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
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
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
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
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
How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and...more
The Uniformed Services Employment and Reemployment Rights Act’s (USERRA) federal statutory and regulatory framework prohibits employers of all types and sizes from discriminating against applicants and employees based on...more
This month, two federal circuit court of appeals reversed district courts’ grants of summary judgment in cases filed under the Uniformed Services Employment and Reemployment Rights Act (USERRA). With these twin cases, it...more
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
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
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against members of the U.S. military and imposes various obligations on employers with respect...more
On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and...more