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Military Leave / USERRA

National Guard call-ups trigger USERRA obligations

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

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

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

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

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

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

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

EEOC pursues service-related harassment

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

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

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