Tag: USERRA

Agency’s Acronym Overload Prompts Public Education Program

A governmental agency that goes by an acronym is out to educate the public on what all the “alphabet soup” on its websites really means. According to a DOL blog by Carl Fillichio, who heads DOL’s Office of Public Affairs, “we often joke here at the Labor Department that we should put a jar in […]

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PPACA Terms of Art You Need to Know to Comply

Employer shared responsibility or “play or pay” provisions (aka 4980H) of the ACA are effective January 1, 2014; however, no penalties will be assessed until 2015. Nevertheless, says Gillihan, your planning must be ongoing now if you plan to use a 12-month measurement period—that period has already started. Gillihan is counsel in the Atlanta office […]

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Firms Must Consider Returning Vets for Discretionary Promotions

Under the “escalator principle” of the Uniformed Services Employment and Reemployment Rights Act of 1994, employers must consider workers returning from military service for discretionary promotions they might otherwise have received — not just automatic promotions, according to the recent decision of the 1st U.S. Circuit Court of Appeals that overturned a ruling by the […]

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You Be the Judge on USERRA Cases—Who Wins?

USERRA Case Study 1: John Falsifies Paperwork The facts: John is a supervisory employee at a delivery company and is a longtime reservist and combat veteran. Here’s the scenario: John is told by a coworker that the company doesn’t like supervisors to serve in the reserves. His boss sends an internal e-mail that says, “John […]

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USERRA Leave Hassles—‘I’m Bewildered’

Effland, a shareholder at the Indianapolis office of Ogletree Deakins PC, says that USERRA (Uniformed Services Employment and Reemployment Rights Act) offers two essential rights, the right to take leave, and the right to return. The basics of the law are: Coverage: Virtually all employers, regardless of the number of employees. Eligibility: Virtually all employees […]

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Two Case Studies on USERRA—Who Wins?

In yesterday’s Advisor, Attorney Matthew Effland outlined the basic requirements of USERRA (Uniformed Services Employment and Reemployment Rights Act); today, two USERRA case studies plus an introduction to the guide many call the “FMLA Bible.” Case Study 1: John Falsifies Paperwork The facts: John is a supervisory employee at a delivery company and is a […]

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COBRA Notice Is Not Culprit in Claim That Termination Violated USERRA

Sending a COBRA election notice shortly after an employee began military duty was not evidence that an employer fired the employee due to his military status in violation of the Uniformed Services Employment and Reemployment Rights Act, a federal district court in Arkansas held. In generally rejecting the USERRA claims, the court indicated, among other […]

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Watch Out for Military-Leave Bias

When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.

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USERRA Now Forbids Workplaces Hostile to the Military

by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]

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Welcome Home, Soldier: Your Obligations to Returning Troops and Their Families

There are two primary laws that will come to bear, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the subject of this article, and Family and Medical Leave Act (FMLA), the subject of a future article. Besides those legal responsibilities, many employers will also consider that they have a broader ethical obligation to those […]

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