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The Uniformed Services Employment and Reemployment Rights Act

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Special ABA Section member price. Supplement available to order.

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2009/534 pp. Hardcover/ISBN 9781570188466/ABAWEB1846

Main Volume Information

Gain a full understanding of the complexities of USERRA requirements

“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), book review by Gary R. Brown (Main Volume)

With the number of Americans in military service remaining high and possibly increasing, the rights and obligations regarding an employee taking military leave, and the circumstances surrounding the employee’s return 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 USERRA’s critical issues, including the following:

  • A history of USERRA and its predecessors
  • Coverage of employers and employees under USERRA
  • Leave entitlements and the requirements placed on both employers and employees regarding leave requests
  • Issues of leave scheduling and notice requirements
  • Pay and benefits when an employee is taking a leave of absence under USERRA
  • Healthcare and non-healthcare benefits that a returning employee is entitled to receive
  • Discrimination and retaliation rights
  • Remedies and enforcement mechanisms
  • USERRA’s relationship with other statutes, both on the federal level and those enacted by various states

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.


2014/Approx. 220 pp. Softcover/ISBN 978-1-61746-531-4/ABAWEB2531

Supplement Information

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. 

About the Editors-in-Chief

Main Volume Information

George R. Wood is an attorney with Littler Mendelson P.C., Minneapolis, MN, who represents employers and focuses his practice on discrimination and other employment litigation.

Ossai Miazad is an associate at Outten & Golden LLP, New York, NY, and represents emplyees in all areas of employment law.

 

Supplement Information

George R. Wood and Ossai Miazad, Editors-in-Chief; Federal Labor Standards Legislation CommitteeABA Section of Labor and Employment Law