Is the returning servicemember entitled to bonuses? A recurring issue raised by returning servicemembers and their employers is whether a returning servicemember is entitled to a bonus missed because of the employee’s military service. The answer is, “it depends.” Initial Considerations As many employers know, USERRA is considered “the floor,” …
How are servicemember pension and retirement plans determined? USERRA has specific requirements regarding employer-provided pension and retirement plans. Plan administrators cannot impose any break in employment nor forfeiture of benefits already accrued by the servicemember. The military service, including time-off taken prior to and after that service, must be considered …
When can’t employers deduct pay for short-term uniformed service? A hallmark of the Uniformed Services Employment and Reemployment Rights Act of 1994 …
Violating the Uniformed Services Employment and Reemployment Rights Act can cause serious side effects. Once again, the Department of Justice (DOJ) has …
The Uniformed Services Employment Reemployment Rights Act of 1994 (“USERRA”) contains many pitfalls for unwary employers. It also imposes significant penalties upon …
In this time of extraordinary economic upheaval and record-high unemployment due to COVID-19 quarantining and shutdowns, employers are implementing employment policies, layoffs, …
For those who have not dealt with the Minnesota Department of Employment and Economic Development (MN DEED), you would be proud to …
Introduction: The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the latest in a series of laws that have …
Every year some 180,000 individuals enlist in the armed services, and another 20,000 seek commissions as officers. Typically, many of these individuals …
Since the Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted in 1994, plaintiff servicemembers have tried to incorporate the “hostile …
To educate and inform servicemembers and their civilian employers, I prepared a summary of the Uniformed Services Employment and Reemployment Rights Act …
How much time do you have to provide your employee before and after military service? As mentioned in my previous post, I …
Are you giving them your “best“? Servicemembers are entitled to the Employer’s “most-favorable leave-of-absence policy” At all three USERRA briefings I conducted …
On Monday, March 24, the Department of Justice (DOJ) Civil Rights Division commenced an enforcement action against an employer based upon …
Last Thursday (January 16) I had the honor of presenting a briefing to the Southwest Twin Cities Beyond The Yellow Ribbon Coalition …
Yesterday I presented a CLE on USERRA cosponsored by the Military & Veterans Affairs section of the Minnesota State Bar Association and …
Like many of us who have been on the sidelines since 9/11, I have sought to serve in my own way by …
Did you know? The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) contains much broader disability provisions than the Americans …
Child custody issues involving deployed servicemembers are not only difficult to navigate, especially when involving different laws in different jurisdictions, but they …
PTSD – or as many prefer, “Post Traumatic Stress Injury” (PTSI) – is becoming a major issue in many areas of the law. From …