A New York federal trial court has sidestepped the question of whether harassment based on military service is illegal under USERRA.

For years, employers have struggled with how to re-­­­­­­­employ soldiers whose military duties have required them to be absent from work. The key question: Does the Uni­­formed Ser­­vices Employment and Re­­em­­ploy­­ment Rights Act (USERRA) make it mandatory to give rehiring preference to returning vets? Finally, courts have begun to bring clarity to the law.

USERRA is not a veteran’s preference law. It merely guarantees that service members can return to work no better or worse off than if they never left.

Do veterans returning from war with post-traumatic stress disorder (PTSD) qualify as “disabled” under the ADA and, thus, are due accommodations? Questions like that are answered in a new EEOC guidance document.

Don’t worry that releases you ask employees to sign in exchange for severance pay aren’t broad enough to cover claims under USERRA or the New York Military Law. As long as the release is clear and unequivocal about what’s being waived, it doesn’t have to specifically reference the laws.

It’s do as we say, not as we do when it comes to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA). A Washington Post investigation found that federal government agencies account for 18% of all USERRA complaints filed by returning service members.

Q. How does the recent amendment to the Uniformed Services Employment and Re­em­ploy­­ment Rights Act (USERRA) affect employers?

If a member of the National Guard or reserves is terminated, he or she can use the statement to show that military service was a motivating factor in that termination. That’s all that’s required under USERRA.

U.S. combat operations in Iraq ended in December, and the Depart­ment of Defense is gradually drawing down forces in Afghanistan. As you rehire employees returning from military service, make sure you follow USERRA guidelines. How to comply:

The U.S. Department of Labor has proposed new FMLA rules that would formalize several statutory amendments that expanded military family-leave rights in 2008 and 2009. The new rules would officially incorporate into the FMLA amendments that were tacked onto the National Defense Authorization Act. If you're covered by the FMLA, these rules will apply to you.

Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?

Employers will ring in some new laws in 2012 that will bring new opportunities and challenges, including the VOW to Hire Heroes Act and the Dodd-Frank amendments to the Sarbanes-Oxley Act.

Employers will ring in some new laws with the New Year, and those laws will bring challenges and opportunities.

With more veterans returning from active duty in Iraq, Afghanistan and elsewhere, remember: Under the Uniformed Services Employment and Reemployment Rights Act, service members are entitled to reinstatement as if they never left for deployment.