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Military Leave / USERRA

HEART Act Adds Retirement, Pay Benefits for Reservist Employees

07/22/2008
The HEART Act is a new federal law that expands the retirement and pay benefits to which employees called to active military service are entitled. If you administer your organization’s retirement plan or work with payroll, you need to know about the law’s provisions. Our primer will get you started.

Beware new trend: Courts increasingly cut slack for vets

06/11/2008
More and more former service members are using the benefits Congress provided when it passed USERRA. In a recent decision, the 7th Circuit Court of Appeals excused a former service member from even the most minimal of requirements before filing suit. That case is clearly part of a trend, one that may lead to more litigation for organizations that employ veterans …

Wal-Mart to pay $12,000 to veteran it didn’t hire back

06/09/2008
When Sean Thornton, of Deltona, was discharged from the U.S. Air Force in 2006, he asked Wal-Mart if he could return to his former job as a cashier. The retail chain refused, and Thornton sued, alleging violations of the Uniformed Services Employment and Reemployment Rights Act …

Harassing Our Vets at Work: Unpatriotic for Sure, But Is It Illegal?

06/03/2008
A federal court has ruled that employees who believe their employers harass them because of their military status may file complaints under USERRA. The harassment angle breaks new legal ground. As more veterans return home from active duty, will it open the litigation floodgates?

Stay out of court by giving copies of arbitration agreements to employees

05/06/2008
If you aren’t careful, arbitration agreements can leave your company paying more, not less. That can happen when employees file a federal lawsuit regardless of an agreement requiring arbitration. Then the court has to decide whether the arbitration agreement is valid …

Service members’ jobs protected—If actually employed

05/01/2008
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the armed forces by allowing them to return to their jobs when their service ends. But USERRA has limits, applying only to service members who actually were employees when they went to serve …

Returning soldiers entitled to equivalent jobs, but not necessarily their old ones

05/01/2008
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is being tested in court, and employers are finding that judges are becoming more flexible when it comes to employers’ rights to manage the work force while soldiers are away …

Ignoring your military pay policy may be costly

05/01/2008
If, like many employers, you honor military service with special pay arrangements for those who serve their country, take note: If you don’t follow your own handbook, you may find a court ready to punish you with big damages …

New state law adds ‘Military status’ to protected classes

05/01/2008
The recently enacted Ohio Veterans Package amends the Ohio Civil Rights Act to bar discrimination based on “military status.” As a result, Ohio employers now face new legal requirements on both the state and federal fronts for how they treat military employees and their families …

USERRA and the choice of paying or not paying for health insurance

04/10/2008
Q. It has been our company’s policy to maintain health insurance coverage for the families of employees who are serving in Iraq. It has recently come to our attention that one such family includes a spouse who is working, and the spouse has declined health insurance coverage at her job because we have been providing it free of charge. I have been asked whether we have an ongoing obligation to provide for this family’s health insurance coverage while our employee is on leave to serve in the military …