Military Leave / USERRA

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

11/21/2008

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

11/20/2008

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

11/18/2008

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

10/30/2008

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?

10/03/2008

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

09/19/2008

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

09/05/2008

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

09/05/2008

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 …

Military Family Leave: New employee rights under the FMLA

09/02/2008

On Jan. 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act, which grants new leave rights to employees with family members in the military. Because the NDAA amended the FMLA—not USERRA—the changes apply only to employers with 50 or more employees …

Justice Department Settles First USERRA Class Action Suit

08/26/2008

The U.S. Department of Justice (DOJ) has reached a settlement with the airline in a class-action suit brought by pilots who alleged that the company’s benefits-accrual practices violated USERRA. The settlement should be a wake-up call to employers: Now’s the time to make sure your benefits policies don’t discriminiate against military reservists and members of the National Guard.