Fully understand the complexities of USERRA requirements

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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:

• 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. 

Supplement Information

The 2013 Cumulative Supplement:

• Discusses how employers, employees, and the courts continue to struggle with the proper rules for reinstating employees upon a release from service
• Explores why USERRA discrimination claims had more success in 2012 than in prior years, with a number of cases surviving summary judgment based on comments allegedly made by supervisors
• Covers how one district court analyzed the question of whether non-seniority-based benefits voluntarily provided by an employer to employees on non-USERRA leaves needed to be provided to employees on USERRA-protected leaves

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2009/534 pp. Hardcover/Order#9343P

Supplement Information

2013/348 pp. Softcover/ISBN 9781617463433/Order #2343

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About the Editors-in-Chief

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 Committee; ABA Section of Labor and Employment Law 

Main Volume Information

• Summary Table of Contents 
• Detailed Table of Contents 
• Preface 
• Board of Editors 

Review 

Supplement Information

Order 2013 Cumulative Supplement now.