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Military Leave / USERRA

Supreme Court upholds USERRA protections

07/07/2022
The U.S. Supreme Court has ruled that states and other government employers can be sued under a federal law that protects employees who are serving or have served in the military from discrimination.

You may have to pay reservists for training time

03/04/2021
A federal court has ruled for the first time that employers must pay military reservists for the time they spend on training duty if the employer offers paid time off for other purposes.

National Guard call-ups trigger USERRA obligations

03/24/2020
Once National Guard or Reserve units are activated, employers have specific responsibilities under USERRA—the Uniformed Services Employment and Reemployment Rights Act.

Comply with the law when requiring employees to work overtime

02/18/2020
In general, employers have the right to require employees to work overtime, as long as they are properly paid for the additional hours. However, that right is not unlimited.

Court: USERRA only protects seniority-based benefits for military-connected employees

02/07/2020
A federal court differentiated between benefits that are based on seniority and those that are based on work already performed. Only seniority-based benefits continue to accrue while the military member is called to active duty or training.

Anti-military bias is self-inflicted wound

07/23/2019
Warn all your supervisors: Discriminating against employees because of their military service is against the law. That means no one in a position of power may make negative comments about employees who must participate in military training sessions as part of their reserve duties.

Court discovers deception, tosses out previous decision

12/04/2018
Here’s a rare case in which a court reversed a ruling that favored an employee because he had deceived his former employer.

USERRA requires reinstatement, with benefits

11/01/2018
A long-running case shows the legal trouble that can ensue when an employee alleges USERRA violations.

Dollar General discounted employee’s USERRA reinstatement rights, now may have to pay

10/29/2018
USERRA allows returning service members to request reinstatement by any means, and employers can’t restrict how they ask.

EEOC pursues service-related harassment

04/05/2018
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.