01/31/2012
U.S. combat operations in Iraq ended in December. The Department of Defense is gradually drawing down forces in Afghanistan. If you are rehiring employees returning from military service, you must follow USERRA guidelines.
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01/31/2012
The U.S. Department of Labor has proposed new FMLA rules that would formalize several statutory amendments that expanded military family-leave rights in 2008 and 2009. The new rules would officially incorporate into the FMLA amendments that were tacked onto the National Defense Authorization Act. If you're covered by the FMLA, these rules will apply to you.
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01/12/2012
Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?
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12/30/2011
Employers will ring in some new laws in 2012 that will bring new opportunities and challenges, including the VOW to Hire Heroes Act and the Dodd-Frank amendments to the Sarbanes-Oxley Act.
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12/02/2011
Employers will ring in some new laws with the New Year, and those laws will bring challenges and opportunities.
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11/07/2011
With more veterans returning from active duty in Iraq, Afghanistan and elsewhere, remember: Under the Uniformed Services Employment and Reemployment Rights Act, service members are entitled to reinstatement as if they never left for deployment.
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10/31/2011
The end of U.S. military combat operations in Iraq means that more "citizen soldiers" will be returning to the civilian workforce. That makes it critical for HR professionals to understand USERRA, the federal law that protects the employment rights of military reservists and National Guard troops. Here's a primer.
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10/06/2011
Under USERRA, employees called up to serve our country are entitled to prompt reinstatement. Your obligation is triggered when the returning service member tells you he is ready to return. It’s not enough to place the returning worker in an entry-level position: Returning service members are entitled to reinstatement to the same position or one similar to the job they previously held.
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09/16/2011
Soldiers who take military leave for active service or training are generally entitled to return to their jobs when they finish their military service. They even have protection from being terminated without cause if they served long enough. But USERRA does not protect employees who fail to follow existing company rules when they return or try to return.
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09/13/2011
With more veterans returning from active duty service in Iraq, Afghanistan and elsewhere, employers are facing more reemployment claims. Under USERRA, service members are entitled to reinstatement as if they never left for deployment. That right includes seniority and allowance for promotions that would have occurred if they had not been deployed.
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08/23/2011
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?
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07/13/2011
The 11th Circuit Court of Appeals has refused to recognize veterans as a protected class under either Title VII of the federal Civil Rights Act or under the Florida Civil Rights Act. That means claims based on military service must generally be brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
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04/25/2011
Q. Several of our employees are in the Army Reserve or are on long-term leave due to military deployment. What rules apply?
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04/25/2011
Q. I’ve been hearing a new term lately: “cat’s paw” liability. What is it, and why should I be worried about it?
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03/24/2011
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.
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