Military Leave / USERRA

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.

Appeals court ruling: USERRA claims can go to arbitration

11/28/2016

The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

Reserve duty is protected even if it’s inconvenient

03/02/2016

Employees who are military reservists can be called to active duty for weeks, months or even year-long deployments. But punishing that soldier for the inconvenience can be costly.

Does USERRA apply to contract workers?

11/23/2015

The Uniformed Services Employment and Reemployment Rights Act prevents employers from discharging returning service members for anything except “cause” for a year after their return. But what if the service member is working under an employment contract? What if that agreement has a termination clause built in? Does USERRA prevent the employer for exercising that contractual term?

A tale of two employers, two female soldiers

10/27/2015

Honoring members of the military is about more than thanking them for their service. Consider, for example, how two companies recently treated citizen soldiers in their employ—one well, the other allegedly not so well.

When hiring, never consider or mention military reserve obligations

06/09/2015

Federal law protects applicants who belong to the military reserves from discrimination based on their service, and considering their military obligations when making hiring decisions is illegal. If anyone involved in hiring expresses reluctance to hire a candidate because of his or her service, expect legal trouble. Make absolutely sure you had valid reasons for picking other candidates.

Which laws cover military leave?

05/04/2015

Q. Some of the employees at my construction company are members of the military and scheduled for active duty in the near future. What laws and regulations apply to me and my employees who are in the military?

USERRA: Don’t make benefits assumptions

02/24/2015

The government provides fully paid health insurance for members of the military and their families during active duty. Reservists, who aren’t always on active duty, often have insurance coverage through their employers, but that coverage usually isn’t free. It’s a bad idea for reservists to drop that coverage during deployment in favor of free military insurance.