Understanding USERRA: A Quick Guide
Understanding USERRA: A Quick Guide

Understanding USERRA: A Quick Guide

It’s important for employers to understand the legal responsibilities of companies who employ individuals who have fought for our country. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that prohibits discrimination of employees or applicants due to their military service.

USERRA is a very detailed and complex law that covers many aspects of a service member’s employment with an organization. We have summarized the key points for you:

  • It is illegal to discriminate an employee on hiring, retention, promotion, reemployment or benefits based on involvement in military service.
  • Employers must offer up to 24 months of continuous health plan coverage to service members once they begin their military leave.
  • An employee on military leave must receive the highest level of benefits provided to employees who take other types of leave.
  • An employee’s obligation to the uniformed service trumps the obligation to the employer.

USERRA also outlines that the uniformed service is a super protected class. While there are many protected classes in the United States, the uniformed service receives extra, unique benefits through USERRA. These benefits include the following:

  • USERRA applies to all employers, even an employer of just one employee.
  • There is no deadline for a service member to file a lawsuit against a company because of a discriminatory act based on their service.
  • Service members who are 40 years and older are covered under USERRA and the Age Discrimination in Employment Act.

Please visit the Department of Labor’s information guide of USERRA to learn more.

More to Discover

How to Make Tax-Free Disaster Payments To Employees

How to Make Tax-Free Disaster Payments To Employees

The pandemic is putting a big strain on everyone, maybe most of all your team, and you want to do everything you can to help.In a national emergency, employers have the freedom to offer unlimited tax-free financial assistance to employees who need it, with minimal administrative burdens. These disaster payments will be exempt from both federal income and employment taxes. What Disaster Payments Cover Disaster payment to affected employees can cover a broad range of “personal, family, living or funeral expenses (not covered by insurance)”. These may include: Unreimbursed Medical Expenses This can range from vitamins and over-the-counter medications to co-pays. Cleaning Products Disinfectant and hand-sanitizer for employee’s homes can help...

Paycheck Protection Program (PPP): What You Need to Know About Payroll Protection

Paycheck Protection Program (PPP): What You Need to Know About Payroll Protection

You need payroll protection. The federal government wants to help. Here’s what you need to know. The Paycheck Protection Program (PPP) As part of the $2 trillion aid package unveiled in the Coronavirus Aid Relief & Economic Security (CARES) Act, $349 billion was dedicated to the Payment Protection Program (PPP). This offers federal guaranteed loans to businesses with fewer than 500 employees to cover payroll and other essential costs.The federal government is focused on releasing funds quickly and with as little red tape as possible, giving small businesses a big boost right when they need it. And here’s the best part—if you use the funds to retain (or rehire) your employees, the loans don’t need to be repaid.View Payroll Protection...

Paycor's COVID-19 Command Center

Paycor's COVID-19 Command Center

We're excited to announce the release of Paycor's COVID-19 Command Center, a new analytics solution that delivers instant insights for crisis management. With the COVID-19 Command Center, you'll be able to: Prepare with real time insights Plan with actionable data Respond with the help of HR experts Recover quickly by playing the long game now Discover how your organization can make the best possible decisions with real time data, actionable insights and expert HR counsel.

Families First Coronavirus Response Act: Tips to Manage Employee Leave Scenarios

Families First Coronavirus Response Act: Tips to Manage Employee Leave Scenarios

Coronavirus Response Act On March 18 the Families First Coronavirus Response Act was enacted to help individuals, families and businesses. The legislation requires employers with under 500 employees to give sick leave and paid family medical leave to eligible employees.Eligible businesses are now able to take advantage of new tax credits to offset the costs associated with paid emergency leave and sick leave benefits implemented under the bill, including credit for health plan expenses affiliated with the new leaves. Below is a list of scenarios your employees may experience during this time. Scenario 1 A full time employee is sick and believes they might have COVID-19. The employee is visiting a doctor to seek a medical diagnosis and...