News & Analysis as of

Wage and Hour Employer Liability Issues Military Leave

Jaburg Wilk

I Received Orders for Deployment: Will I Have a Job When I Come Back?

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As the name suggests, the United Services Employment and Reemployment Act (“USERRA”) requires employers of active-duty service members to hold open the employee/service members job while deployed—whether overseas, for...more

Jaburg Wilk

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

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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

Ius Laboris

War and the workplace in Israel

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As combat operations continue in Gaza, there have been several developments affecting the workplace, employee rights, and employer obligations in Israel....more

Faegre Drinker Biddle & Reath LLP

Considerations for Israeli Employers During Israel-Hamas War

As a result of the recent terrorist attacks in Israel and the resulting Israel-Hamas war, Israelis continue to be called upon for active duty under Israel’s emergency call-up notice. Global employers with operations and/or...more

Littler

New Puerto Rico Military Code: What Puerto Rico Employers Should Know

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On August 8, 2023, Puerto Rico’s government enacted Act No. 88-2023, known as the “Puerto Rican Military Code of the 21st Century” (“Military Code”). This new law supersedes the previously enacted Military Code of Puerto Rico...more

Willcox & Savage

Does USERRA Require Paid Leave for Service in the Military and Reserves? The Potential Answer May Surprise You.

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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

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

Littler

San Francisco Issues Paid Military Leave FAQs

Littler on

San Francisco’s Office of Labor Standards Enforcement (OLSE) published FAQs concerning the new Military Leave Pay Protection Act (MLPPA), which took effect on February 19, 2023 and requires employers with 100 or more...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

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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

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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

Littler

New San Francisco Law Requires Supplemental Compensation During Military Leave

Littler on

On January 20, 2023, San Francisco, California’s mayor signed the Military Leave Pay Protection Act (MLPPA), which will require employers with 100 or more employees to supplement the pay of covered employees during a...more

Quarles & Brady LLP

Legal Update: Paid Military Leave Suits Continue to Capture Attention

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Since the Seventh Circuit rendered its 2021 groundbreaking decision in White v. United Airlines, Inc., et al.—becoming the first federal appellate court to hold that employers may need to pay employees who take leave pursuant...more

Littler

Alberta, Canada: Bill 17 Receives Royal Assent and Expands Reservist Leave and Bereavement Leave

Littler on

On May 31, 2022, Alberta’s Bill 17, Labour Statutes Amendment Act, 2022, received Royal Assent, and the following amendments to Reservist Leave and Bereavement Leave in the province’s Employment Standards Code came into...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

Bradley Arant Boult Cummings LLP

You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!

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

Sherman & Howard L.L.C.

Anchors Away, Leave For Reservists With Pay?

Since 1940, the United States has provided some form of job protection to civilian employees who also serve their country as members of the military. Most recently, in 1994, Congress enacted the Uniformed Services...more

Morgan Lewis

Third Circuit Joins Seventh Circuit in Holding Paid Leave May Be Required During Military Service

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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

Jackson Lewis P.C.

Waiver Of USERRA Rights In General Release Agreements Must Be Specific, Tennessee Court Emphasizes

Jackson Lewis P.C. on

Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary...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

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

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

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

Ballard Spahr LLP

Frequently Asked Questions: Coronavirus (COVID-19) and the Workplace

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The World Health Organization (WHO) recently designated Coronavirus (COVID-19) as a global pandemic. Leaders in the international health community are taking action to prevent the spread of COVID-19 and contain the outbreak....more

Verrill

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

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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

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