News & Analysis as of

Active Duty Uniformed Services Employment and Reemployment Rights Act Military Service Members

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

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

Akerman LLP - HR Defense

A Reminder of Employer Obligations to Service Members

A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities....more

Kohrman Jackson & Krantz LLP

State Agencies Not Immune From Federal Uniformed Services Employment And Reemployment Rights Act Claims

In a 5-4 decision, the United States Supreme Court held state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. Texas Department of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Torres v. Texas Department of Public Safety

On June 29, 2022, the U.S. Supreme Court decided Torres v. Texas Department of Public Safety, No. 20-603. The Court held that a State may not invoke sovereign immunity as a legal defense to block a civil lawsuit filed against...more

Steptoe & Johnson PLLC

Employee Benefits While on Leave

Steptoe & Johnson PLLC on

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

Pullman & Comley - Labor, Employment and...

The Basic Steps for an Employer to Comply with the Uniformed Services Leave Act

Since the law has been on the books for over a decade, most employers know that employees serving in our armed services who are called to active or reserve duty are entitled to job reinstatement, within certain parameters,...more

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