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

2019 Compliance Changes

2019 Compliance Changes

It’s critical that you’re aware of all the tax changes that could affect your organization in 2019. This session will include frequently asked questions, an overview of federal and state withholding updates and trends we are seeing in areas of Tax and ACA compliance. Speakers: Arlene Baker and James Schwantes Arlene Baker is a Senior Compliance Analyst with over 40 years of payroll and tax experience. She’s a member of the National Payroll Reporting Consortium focusing on IRS compliance, and she’s been a member of the national and local APA for 25 years. In 2003, Arlene was awarded the Ohio Payroll Professional of the Year award. James Schwantes is a Compliance Analyst with a legal and tax background. Prior to working at Paycor in the...

Proposed Department of Labor Rule to Update Regular Rate Requirements

Proposed Department of Labor Rule to Update Regular Rate Requirements

In late March, the Department of Labor (DOL) announced a proposed rule to clarify and update the regulations governing the regular rate requirements under the Fair Labor Standards Act (FLSA). Unless exempt, an employee’s regular rate of pay is used to determine how much he or she should be paid for working overtime. The FLSA generally requires overtime pay of at least 1.5 times the regular rate for hours worked past 40 hours per week. The proposed rule details what forms of payment employers can exclude when determining an employee’s regular rate of pay. The cost of the following items would no longer apply: Tuition programs Discretionary bonuses Payment for unused paid leave Wellness programs, fitness classes, gym access, onsite...

FLSA Law Update

FLSA Law Update

What new cases and issues are arising regarding FLSA? We’ll discuss the change from a narrow interpretation to a fair interpretation of exemptions by the U.S. Supreme Court and what other courts and the DOL think of it. We’ll also discuss the recently reintroduced opinion letters and the possible increase in the salary level threshold. Speaker: Brian Dershaw BRIAN G. DERSHAW is a partner in Taft Stettinius & Hollister’s Labor & Employment practice group. Brian has broad experience serving as counsel for companies of all sizes. He has appeared in state and federal trial and appellate courts in discrimination, harassment, retaliation, wrongful discharge, non-compete, trade secret and contract litigation. Brian works closely with...

Understanding FMLA Regulations

Understanding FMLA Regulations

What is the Family Medical Leave Act (FMLA?) The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in any given 12-month period for certain medical and family reasons without fear of losing their job. Signed into law in 1993, the FMLA is designed to help employees balance their work and family responsibilities while promoting equal employment opportunity for men and women. Who is Eligible for FMLA? An employee is eligible for FMLA leave if he or she has worked for a covered employer at least 12 months, completed at least 1,250 hours of work during the past 12 months and worked at a location within 75 miles of where the company employs 50 or more people. Keep in...