News & Analysis as of

Military Service Members Employee Rights Uniformed Services Employment and Reemployment Rights Act

Littler

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

Littler on

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

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

Littler

$2.49 Million Verdict Underscores Expansive USERRA Protections

Littler on

A little more than a year after U.S. Army veteran Le Roy Torres kept his case alive at the U.S. Supreme Court, a Texas jury voted unanimously to award him $2.49 million on the claim that his former employer, the Texas...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

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

McAfee & Taft on

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

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

Akerman LLP - HR Defense

With U.S. Troops Heading to Europe, Employers Should Revisit Military Leave Policies

In the wake of the recent Ukraine invasion, more U.S. troops are being deployed to Europe to support NATO countries. Among these are members of the National Reserve and National Guard, who typically maintain civilian jobs...more

Quarles & Brady LLP

Legal Update: Pay for Military Leave Gaining Federal Court Support

Quarles & Brady LLP on

In February of 2021, we published an Alert on the Seventh Circuit’s groundbreaking decision in White v. United Airlines, Inc., et al., in which it became the first federal appellate court to address the issue of pay for...more

Kilpatrick

New Employment Protections for State Activated Texas Military Forces Effective September 1, 2021.

Kilpatrick on

As the 2021 hurricane season begins to threaten the Texas coast, many Texas National Guard members will find themselves called to State-Active Duty for rescues or humanitarian relief efforts. These proudly serving Texas...more

Troutman Pepper

Seventh Circuit Decision Could Expand Employer Leave Obligations Under USERRA

Troutman Pepper on

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

Amundsen Davis LLC

7th Circuit Allows USERRA Class Action To Proceed

Amundsen Davis LLC on

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

Amundsen Davis LLC

Refresher On The USERRA: Employers’ Obligations Regarding Employees In Military Service

Amundsen Davis LLC on

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

Littler

Veterans Day: Going Beyond Giving a Day Off

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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

Stinson - Benefits Notes Blog

Department of Labor’s New Guidance Helps Employers of Uniformed Service Members Manage Pension Obligations

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

Verrill

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

Verrill on

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

Orrick, Herrington & Sutcliffe LLP

Inside USERRA's Extensive Requirements for Employers

The Uniformed Services Employment and Reemployment Rights Act prohibits employers of all types and sizes from discriminating against applicants and employees on the basis of their military status or obligations, and...more

Akerman LLP - HR Defense

Illinois Expands Employee Rights and Imposes New Obligations on Employers

New Illinois Expense Reimbursement Obligations - Joining employers in California and a growing number of other states, Illinois employers must now reimburse their employees for all expenditures or losses incurred within...more

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