Military Leave / USERRA

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.

Master compliance challenges that follow natural disasters

10/18/2017

Unless planned and executed properly, employers’ emergency procedures may run afoul of many federal, state and local employment laws.

Minnesota state agencies and universities are now subject to USERRA claims

07/21/2017

A Minnesota appeals court has reinstated a Uniformed Services Employment and Reemployment Rights Act claim against a state university.

Military-connected employees? It’s your duty to understand USERRA obligations

03/07/2017

USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.