News & Analysis as of

Military Service Members Employment Discrimination Employer Liability Issues

Jaburg Wilk

How Do I Know If My Employer Discriminated and/or Retaliated Against Me Based on My Military Status?

Jaburg Wilk on

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

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

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

Baker Donelson

USERRA: Insulate Your Business from Violation Liability

Baker Donelson on

Almost half of the men and women serving in our armed forces are members of the National Guard and Reserve. After almost two decades at war, it is virtually inescapable that employers will hire employees with military service...more

Epstein Becker & Green

Seventh Circuit Holds That USERRA May Require Paid Leave During Short-Term Military Leave

Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”...more

Akerman LLP - HR Defense

Is There A New Requirement To Pay Employees on Military Leave?

A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of...more

Orrick - Employment Law and Litigation

Five Common Mistakes Employers Make Under USERRA

1. Treating Voluntary Uniformed Service Differently than Involuntary Service - The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers of all types and sizes from discriminating against...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

Littler on

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

Butler Snow LLP

Chicken Fingers and Cat's Paws: 6th Circuit Reinstates Fired Employee's USERRA Claims

Butler Snow LLP on

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

BCLP

Preparation and Training Critical as Illinois Employers Face New Legal Landscape

BCLP on

Illinois employers must begin preparing now for the host of new legal requirements impacting the workplace beginning in 2020. With legal changes on topics ranging from hiring practices and pay equity to drug testing 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

Orrick - Employment Law and Litigation

While Veteran-Friendly, USERRA’s Anti-Discrimination Provision Still Requires Adverse Employment Action For Employer Liability

With Memorial Day around the corner, it is an appropriate time for employers to review their management of employees who are members of the military....more

Nilan Johnson Lewis PA

Top Ten Laws Affecting California Employers in 2018

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The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications,...more

Littler

California Legislative Update: Proposals Include PAGA Reform, Salary History Limitations, and Equal Pay Expansion

Littler on

The pace of employment legislative activity in Sacramento picked up as February drew to a close. The following highlights some of the more notable issues under consideration in the Golden State. PAGA Reform?...more

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