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The First U.S. Circuit Court of Appeals recently developed a new two-part test for determining discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This newly created test may prove problematic for employers. To find out why, read on. Basic Training for Supervisors: easy-to-read guides to avoid legal hazards, […]
Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of pay. For voluntary military leaves, […]
We’ve got a quandary. A number of our workers have been sent to Iraq and will be returning at some point. We are, of course, more than happy to reinstate them. But they will have missed a year or two of training and development. As we read the law, it looks like we must reinstate […]
The U.S. Department of Labor has revised the poster that employers are required to post in the workplace to inform employees of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA sets out employment reinstatement and benefits rights for service members, and it applies to all employers regardless of size, including […]
The U.S. Department of Labor (DOL) reports that it has received complaints from thousands of returning military personnel about their reemployment rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). To better educate employees and employers about their rights and obligations under this law, the DOL has released draft regulations designed to […]
Under Honda of America Manufacturing Inc.’s attendance probation program, a worker who had too many unexcused absences could be terminated. Also, absences for military, family and medical, and other types of leave could prolong an employee’s probationary period by the number of days spent on the leave. Now a federal district court has ruled Honda’s […]
With the recent overseas military activities, many employers have been faced with managing the absences of reservists who have been called to active duty. Now a new decision from the federal Ninth Circuit Court of Appeals underscores that it’s critical to understand your military leave obligations and proceed cautiously before disciplining an employee who takes […]