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This treatise provides a comprehensive coverage of the full scope of USERRA and the complicated issues involved with its application and enforcement. Edited by experienced practitioners who have represented both employers and employees, it provides a balanced view of the issues.<p> </p>
Fully understand the complexities of USERRA requirements
Main Volume Information
With the number of Americans in military service remaining high and large numbers of troops returning from duty, employer/employee rights and obligations regarding an employee taking military leave and returning from leave are of great importance. This makes knowledge of the Uniformed Services Employment and Reemployment Rights Act (USERRA)—the federal act governing military leave and discrimination/retaliation issues resulting from military service—critical in today’s workplace. But given USERRA’s relative infancy, courts have not provided substantial guidance with respect to its application and interpretation, which makes the release of The Uniformed Services Employment and Reemployment Rights Act extremely important to lawyers who have to deal with military leave issues.
USERRA is one of the broadest statutes that exists with regard to granting employees leave from employment; in fact, it covers every employer in the United States. The new treatise provides a comprehensive analysis of USERRA’s breadth and the myriad complicated issues involved with its application and enforcement. The authors include both practitioners who represent employers and those who represent employees, thereby providing a more balanced view of USERRA and its rights and obligations. The treatise analyzes all of the critical questions under USERRA including:
Having practitioners from both sides of the aisle provide their views of the major issues surrounding the Act and its implementation in this exceptional treatise allows for detailed analysis of the pitfalls of this broad statute. The cooperative basis through which The Uniformed Services Employment and Reemployment Rights Act has been developed is sure to assist all attorneys working with USERRA to have a better understanding of its proper interpretation and purposes.
The 2014 Cumulative Supplement includes decisions by various courts on the question of how to apply the “escalator principle” and “reasonable certainty” standards to non-automatic, “discretionary” positions; which positions would be considered of “like status” for purposes of reinstatement; the scope of employer defenses to reinstatement and the burden of proving these defenses; and the scope of the employer’s burden of proof on summary judgment when asserting the affirmative defense under the motivating factor test.
This text is a valuable tool for human relations personnel, judge advocates, employers, employees, and attorneys. USERRA is a recognition of the importance of military service to the nation, and provides a balance of employer and employee interest when that service comes into play. This book is an excellent guide to this important legislation.
The Colorado Lawyer (Aug. 2011)
This is a valuable resource for employers who have large numbers of military leaves to manage. It is also useful for practitioners who need to help employers when this subject comes up. The state law survey brings this title home for everyone.
Legal Information Alert (Volume 29 #3), Alert Publications, Inc. Chicago, IL
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