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All News > Military-Related Benefits, USERRA

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Justice Department Sues Nevada for Allegedly Overcharging Servicemembers on Pensions
KSNV 3News Link to more items from this source
Jan. 18, 2024

"State employees can purchase pension credits in the NVPERS-operated system once they pass their five-year employment anniversary.... The federal complaint alleges NVPERS violated [USERRA] by charging reemployed servicemembers based on when they were re-employed, rather than when they passed their fifth anniversary." [U.S. v. Nevada, No. 24-0026 (D. Nev. complaint filed Jan. 17, 2024)]

Tags: Local Regulation  •  Military-Related Benefits, USERRA  •  State and Local Government Plans

Employers Should Pay More Attention to USERRA
Littler Link to more items from this source
[Guidance Overview]
Jan. 17, 2024

"[R]ecent history, including ... pending high-stakes litigation regarding whether employers must provide paid short-term military leave in certain cases, shows that the efforts of employers to comply with USERRA may be more critical today than at any previous point in the law's lifespan.... [Here are ten] reasons employers should pay more attention to USERRA and its expansive protections for service members and veterans."

Tags: Health Plan Administration  •  Military-Related Benefits, USERRA

A Primer on USERRA Leave for Manufacturing Employers
Jackson Lewis P.C. Link to more items from this source
[Guidance Overview]
Dec. 26, 2023

"Employers should adopt a written military leave policy that covers eligibility, benefits, and procedures for employees in the uniformed services that aligns with USERRA. Employers should also incorporate USERRA into anti-discrimination policies and training programs."

Tags: Military-Related Benefits, USERRA

Reservists Must Receive Alabama City's Paid Administrative Leave Benefits
The Wagner Law Group Link to more items from this source
July 20, 2023

"Rather than accepting an employer's conclusion, the Court must determine whether other types of leave are comparable. This involves three factors: [1] the duration of the leave, [2] the purpose of the leave, and [3] the ability of employees to choose when to take the leave." [Myrick v City of Hoover Alabama, No. 22-11621 (11th Cir. Jun. 8, 2023)]

Tags: Military-Related Benefits, USERRA

Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA
Ogletree Deakins Link to more items from this source
June 22, 2023

"The plaintiffs, who all had taken military-related leave, sued their municipal employer under USERRA claiming disparate treatment because the city did not grant them the same benefits it provided for employees on paid administrative leave.... In finding for the employees, the court cited three factors as determinative -- the duration of the leave, the purpose of the leave, and the ability of employees to choose when to take the leave." [Myrick v. City of Hoover, Alabama, No. 22-11621 (11th Cir. Jun. 8, 2023)]

Tags: Military-Related Benefits, USERRA

San Francisco Ordinance Requires Differential Pay for Military
CDF Labor Law LLP Link to more items from this source
[Guidance Overview]
Apr. 13, 2023

"[Effective] February 19, 2023, ... the Military Leave Pay Protection Act (MLPPA) ... requires private San Francisco employers who have at least 100 employees worldwide, to ... pay their employees the difference between their gross military pay and their gross pay as employees, for up to 30 days in a calendar year.... [T]he San Francisco Office of Labor Standards Enforcement (OLSE) [has] published some helpful FAQs on the application of this new ordinance."

Tags: Military-Related Benefits, USERRA

San Francisco Issues Implementation Guidance for Military Leave Pay Protection Act
Jackson Lewis Link to more items from this source
[Guidance Overview]
Mar. 10, 2023

"The guidance provides answers to frequently asked questions (FAQ) regarding the ordinances, such as which employers are covered by the ordinance, which employees are covered, and how to calculate supplemental pay. The FAQ notes the following important points:"

Tags: FMLA and Other Leave  •  Local Regulation  •  Military-Related Benefits, USERRA

Ninth Circuit: Jury Must Determine 'Comparability' Under USERRA
The Wagner Law Group Link to more items from this source
Feb. 23, 2023

"[The Ninth Circuit] ruled that the district court erred by comparing all military leaves, rather than just the short-term military leaves at issue here, with non-military leaves. It then noted that 'comparability is a question of fact.' It is, therefore, a question for the jury unless the facts of a case suggest that no reasonable jury could see enough commonality for a meaningful comparison." [Clarkson v. Alaska Airlines, Inc., No. 21-35473 (9th Cir. Feb. 1, 2023)]

Tags: Military-Related Benefits, USERRA

San Francisco Issues Paid Military Leave FAQs
Littler Link to more items from this source
[Guidance Overview]
Feb. 22, 2023

"New FAQs provide employers in San Francisco with answers about the calculation and payment of supplemental compensation for employees on covered military leave under the Military Leave Pay Protection Act (MLPPA). The FAQs also address notice to employees about their MLPPA rights and responsibilities. These FAQs will look familiar to employers subject to the Paid Parental Leave Ordinance."

Tags: FMLA and Other Leave  •  Local Regulation  •  Military-Related Benefits, USERRA

To Pay or Not to Pay Military Leave? Ninth Circuit Leaves Jury to Decide USERRA Comparability Analysis
Bradley Link to more items from this source
Feb. 15, 2023

"Generally, when determining whether a non-military leave is comparable, an employer should consider duration, purpose, and control. The district court considered the leave's frequency as an integral part of the duration analysis and disregarded conflicting evidence and factual disputes about the purpose of military leave and the ability of pilots to control when they take military leave. The Ninth Circuit also reiterated that duration is the most significant factor in the comparability analysis." [Clarkson v. Alaska Airlines, Inc., No. 21-35473 (9th Cir. Feb. 1, 2023)]

Tags: Military-Related Benefits, USERRA

Jury to Decide Whether Service Member Employees Should Be Paid for Military Leave
McAfee & Taft Link to more items from this source
Feb. 9, 2023

"The Ninth Circuit reversed the trial court’s decision, finding a jury trial is appropriate. The Ninth Circuit disagreed with the trial court’s focus on military leave and sick leave in general, rather than comparing the short-term military leave at issue, and held that considering military leave categorically would render USERRA’s protections meaningless." [Clarkson v. Alaska Airlines, Inc., No. 21-35473 (9th Cir. Feb. 1, 2023)]

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

Federal Appeals Court Finds USERRA Requires Paid Military Leave
McGuireWoods Link to more items from this source
Feb. 8, 2023

"The federal courts of appeals that have reviewed this issue have spoken unanimously in upholding USERRA protections. In issuing this opinion, the Ninth Circuit joins the Seventh and Third Circuits in ruling that employers who pay employees for some types of short-term leave must provide equal benefits to employees who take short-term leave for military service." [Clarkson v. Alaska Airlines, Inc., No. 21-35473 (9th Cir. Feb. 1, 2023)]

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

San Francisco Requires Employers to Provide Paid Military Leave
Vorys Link to more items from this source
[Guidance Overview]
Feb. 3, 2023

"The ordinance applies to private employers of 100 of more employees 'regardless of location.' An 'employee' includes any employee who works within the geographic boundaries of San Francisco (including part-time and temporary employees) and who is a member of the reserve corps of the United States Armed Forces, National Guard, or other uniformed service organization of the United States."

Tags: FMLA and Other Leave  •  Local Regulation  •  Military-Related Benefits, USERRA

New San Francisco Law Requires Supplemental Compensation During Military Leave
Littler Link to more items from this source
[Guidance Overview]
Jan. 27, 2023

"[T]he Military Leave Pay Protection Act (MLPPA) ... will require employers with 100 or more employees to supplement the pay of covered employees during a qualifying military leave for up to 30 days in a calendar year. The MLPPA takes effect February 19, 2023[.]"

Tags: Local Regulation  •  Military-Related Benefits, USERRA

San Francisco Ordinance Now Requires Private Employers to Provide Paid Military Leave
Ogletree Deakins Link to more items from this source
[Guidance Overview]
Jan. 24, 2023

"The 'Military Leave Pay Protection Act' adds Article 33Q to the city Police Code, and will make San Francisco the first jurisdiction in the United States to require that private employers provide differential paid leave to employees who are members of the military while they perform military service ... he ordinance will go into on February 19, 2023."

Tags: Military-Related Benefits, USERRA

Paid Military Leave Lawsuits Continue to Capture Attention
Quarles & Brady LLP Link to more items from this source
Nov. 17, 2022

"Thus far, no specific group of employees has been awarded a final judgment granting military leave pay, but as the cases are working their way to final resolution, it has become clear that potentially valid paid military leave claims may be brought against employers who cannot distinguish paid leave provided in non-military settings from that sought for military service absences. A few of the significant recent decisions addressing these claims are discussed below."

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

Military Retirement: Background and Recent Developments (PDF)
Congressional Research Service [CRS] Link to more items from this source
July 29, 2022

28 pages. "Currently, there are three general categories of military retiree ... [S]ome have viewed military retirement as a place where substantial budgetary savings could be made. Others have argued that past modifications intended to save money have negatively affected military recruiting and retention. " [RL34751, updated Jul. 28, 2022]

Tags: Federal Government Plans  •  Military-Related Benefits, USERRA

Class Action Lawsuits Challenge Employers' Military Leave Practices
Thomson Reuters / EBIA Link to more items from this source
May 12, 2022

"As noted in both opinions, at least two federal appellate courts have determined that pay during leave is a 'right and benefit' protected by USERRA. Employers providing paid leave for non-military reasons should consult with counsel before denying pay during short-term military leave.... [E]mployees on military leave generally have a right under USERRA to elect to continue employment-based group health plan coverage for themselves and their covered dependents. This is in addition to any continuation rights under COBRA." [Baker v. United Parcel Service Inc., No. 21-0114 (E.D. Wash. Mar. 31, 2022); Haley v. Delta Airlines, Inc., No. 21-1076 (N.D. Ga. Mar. 29, 2022)]

Tags: Military-Related Benefits, USERRA

With U.S. Troops Heading to Europe, Employers Should Revisit Military Leave Policies
Akerman Link to more items from this source
[Guidance Overview]
Apr. 1, 2022

"The primary federal laws related to military leave are the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act (FMLA). While different, both protected leaves apply not only to actual military members, but also to family members who are affected by the employee's military leave."

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

Supreme Court Opinion on Civil-Service Pension Payments Based on Employment as a Dual-Status Military Technician and the Social Security Windfall Provision (PDF)
Supreme Court of the United States Link to more items from this source
Jan. 13, 2022

12 pages. "Retirees receive Social Security benefits based on a progressive formula that awards a percentage of average past earnings.... The formula originally did not account for earnings from jobs exempt from Social Security taxes, many of which provide separate pensions. In response to this potential windfall, Congress modified the formula to reduce benefits when a retiree receives such a separate pension payment. But Congress left benefits unchanged if the pension payment was 'based wholly on service as a member of a uniformed service.' ... The National Guard of the United States is defined as a uniformed service, Section 410(m), so whether the uniformed-services exception applies depends on whether Babcock's technician work was service 'as' a member of the National Guard. It was not." [Babcock v. Kijakasi, No. 20-480 (S. Ct. Jan. 13, 2022)]

Tags: Federal Government Plans  •  Military-Related Benefits, USERRA  •  Social Security

Guam Sued for USERRA Violations
PLANSPONSOR; free registration may be required Link to more items from this source
Sept. 22, 2021

"The Justice Department alleges that military employees who used 'donated leave' to avoid losing pay were denied pension contributions and credits that were due them." [U.S. v. U.S. Territory of Guam and The Government of Guam Retirement Fund, No. 21-022 (D. Guam complaint filed Sep. 1, 2021)]

Tags: Health Plan Administration  •  Military-Related Benefits, USERRA  •  Retirement Plan Administration

Employer's Leave Policies Required It to Provide Paid Military Leave
The Wagner Law Group Link to more items from this source
Aug. 19, 2021

"[T]he court observed that under [the USERRA's] broad application of the terms ['benefit,' 'benefit of employment', or 'rights and benefits'], military leave is comparable to the other types of leave for which the employer granted paid leave. Therefore, the court concluded that the employee was entitled to the benefit of paid leave under these circumstances.' [Travers v. Federal Express Corp., No. 20-2073 (3d Cir. Aug. 10, 2021)]

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

Up in the Air: Does USERRA Require Paid Leave?
Airways Magazine Link to more items from this source
Aug. 18, 2021

"Until recently, most employers familiar with USERRA's intricacies were confident that the statute does not require paid leave for military service. The Act, itself, is explicit in its pronouncement that servicemembers are entitled to up to five years of cumulative unpaid leave. The spate of class-action lawsuits targeting commercial airlines -- whose pilot workforces are made up of high percentages of service members -- has tossed that basic premise up in the air."

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

Third Circuit Opens the Door to Class Actions Seeking Paid Military Leave
Hunton Andrews Kurth LLP Link to more items from this source
Aug. 17, 2021

"Though the Third Circuit affirmatively held that pay during military leave could be a 'benefit' or 'right' under the statute when the employer offered paid leave to employees on 'comparable types of leave,' the Court did not answer the more difficult question of what constitutes 'comparable types of leave.' The Third Circuit remanded the case to the district court to determine whether the paid sick leave, paid jury duty leave, and paid bereavement leave at issue in the case are 'comparable' to military leave." [Travers v. Federal Express Corp., No. 20-2073 (3d Cir. Aug. 10, 2021)]

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

Third Circuit Joins Seventh Circuit in Holding Paid Leave May Be Required During Military Service
Morgan Lewis Link to more items from this source
Aug. 13, 2021

"The ruling, which is the second by a federal appeals court to make a similar holding after the Seventh Circuit's decision in White v. United Airlines, Inc. et al., will likely lead to more litigation around unpaid military leave, and makes it even more critical for employers to review their policies to limit risk." [Travers v. Federal Express Corp., No. 20-2073 (3d Cir. Aug. 10, 2021)]

Tags: FMLA and Other Leave  •  Military-Related Benefits, USERRA

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