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Military Leave / USERRA

Harassed for going to Iraq: Margate officer wins lawsuit

01/01/2007

A police officer recently won a harassment lawsuit against the city of Margate for the city’s response when the U.S. Army Reserve called him to active duty …

North Carolina Retaliatory Employment Discrimination Act

01/01/2007

The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA …

You can require reservists to arbitrate USERRA claims

08/01/2006

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of soldiers and reservists who are called to active duty or training and want to return to their jobs once their service is over. But these rights aren’t without limits …

Interpret Military Leave Law in Most Employee-Friendly Way

02/01/2006

Due to widespread confusion over the federal military leave law, the Labor Department issued its first regulations that try to clarify the Uniformed Services Employment and Reemployment Rights Act …

USERRA: Know your duty to returning disabled reservists

10/01/2005
THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against …

USERRA allows only one reinstatement, not two

08/01/2005
The federal Uniform Services Employment and Reemployment Rights Act (USERRA) says that if an employee’s military-related absences last less than five years, you must reinstate the employee to his or her …

Don’t extend disciplinary periods due to FMLA or military absences

02/01/2005
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you’re not allowed to count their legally protected absences in any negative way.
Pay special …

You’re not required to give reservists a post-duty rest period

01/01/2005
If you have military reservists on staff, you can call them to work right after they return from their weekend duty or other service obligations. Contrary to what you may have …

New rules define employers’ reservist-leave responsibilities

11/01/2004
Employers confused over how to comply with the Uniformed Services Em-ployment and Reemployment Rights Act (USERRA) now have new guidelines to follow. For the first time since USERRA’s passage in 1994, …

Don’t let a scheduling conflict prompt reservists’ discipline, firing

10/01/2004
Run supervisors through some basic training on strict
military-leave law. Why? More than 168,000 National Guard and reservists are currently on active duty and Congress is considering changes that would …