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Military Leave / USERRA

Justice Department sues judge, courts for USERRA violations


The U.S. Department of Justice has filed a lawsuit accusing the North Carolina Administrative Office of the Courts and N.C. Superior Court Judge Jerry Braswell of violating former Magistrate James Myles’ rights under USERRA.

New USERRA poster released: Download your free copy here


The U.S Department of Labor has made some technical changes to the poster that notifies workers of their rights under the Uniformed Services Employment and Reemployment Rights Act. Don’t waste money buying new versions of the poster from third-party vendors. You can download your free copy right here.

New USERRA poster released, but replacing your old poster isn’t required


Contrary to what you may be hearing from poster companies, U.S. employers do not need to replace their workplace posters that notify workers of their rights under Uniformed Services Employment and Reemployment Rights Act (USERRA).

What should we do? Employee on active duty wants to apply for open position


Q. Our manufacturing company has a current job opening for an engineer. One of our employees who is on active duty in Iraq for six months learned of the position and would like to apply. Do we have to consider his application?

The new FMLA: Top 10 changes you must comply with


On Nov. 17, the U.S. Department of Labor finalized the first major overhaul of the FMLA regulations in 15 years. Some changes favor employers, but others will make FMLA compliance trickier than ever. Here’s what’s in store. BONUS! HR Specialist will hold an audio conference briefing to help you comply with the new regs.

When USERRA conflicts with changing organizational needs


The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants service members re-employment rights when they notify their employers of their intent to return to work after being released from active duty. But what happens when an employer finds that its business needs have changed while the employee was on active duty? …

Employee out on military leave: How long must we hold his position?


Q. How long am I required to hold a position open for an employee who needs a leave due to military service? …

Public employees must file USERRA claims in state court


The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court …

No reemployment delay allowed for returning soldiers


The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) controls how employers handle employees who also serve in the military. As the following case shows, federal appeals courts are losing patience with employers that don’t know or don’t follow USERRA’s strict rules for reemployment …

Arbitration agreement may be used for USERRA claims


While USERRA may be comprehensive and quite broad, there is at least one area that courts seem willing to concede can be changed. The 6th Circuit Court of Appeals has recently ruled that employees and employers who agree to arbitrate disputes can include USERRA claims in that arbitration agreement …