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Military Leave / USERRA

Recognize The Legal Dangers Of Considering Military Service In Employment Decisions

07/19/2007

With the war in Iraq dragging on, some employers’ patience is wearing thin when it comes to managing leaves of absence for National Guard troops and reservists …

That’s a lot of quarters: City to pay meter reader $60K

07/01/2007

The City of Port St. Lucie will reinstate a demoted meter reader and pay her $60,000 to settle a race discrimination and USERRA lawsuit …

Fading support for the war may lead to more USERRA claims

05/01/2007

Waning support for the Iraq war may be making some employers less enthusiastic about following the law guaranteeing reemployment to soldiers returning from military service …

Look beyond employee’s VA disability status to determine if he’s disabled under ADA or state law

04/01/2007

Just because the Veteran’s Administration (VA) considers a former soldier to be disabled, that doesn’t automatically mean that person is disabled under other laws, such as the ADA …

Reservists’ COBRA, FMLA Rights

02/28/2007

HR Law 101: The Uniformed Services Employment and Reemployment Rights Act protects reservists when they’re away from work for extended periods. Reservists on active duty can maintain health insurance coverage by electing COBRA continuation. Employers must also count time spent on active duty toward the calendar and hour requirements for coverage under the FMLA …

Can We Reduce Benefits to Citizen-Soldiers?

02/01/2007

Q. In the past, we’ve extended additional benefits to our employees who were National Guard members called up for active duty. Although we’re not going to eliminate that practice entirely, we do want to reduce those additional benefits. Is there any problem with doing so? —L..S.

Pentagon Increases Citizen-Soldiers’ Active-Duty Time

02/01/2007

The Pentagon last month eased its limits on the time reservists and National Guard troops can spend on active duty …

How to comply with New York’s new Military Spouse Leave Law

01/01/2007

In August 2006, Gov. George Pataki signed New York’s new Military Spouse Leave Law, which allows spouses of deployed military reservists to take up to 10 days of unpaid leave from work each year …

Harassed for going to Iraq: Margate officer wins lawsuit

01/01/2007

A police officer recently won a harassment lawsuit against the city of Margate for the city’s response when the U.S. Army Reserve called him to active duty …

North Carolina Retaliatory Employment Discrimination Act

01/01/2007

The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA …