USERRA Military Leave: Employer Compliance Challenges, Policy Development, Litigation Update, Defense Strategies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, February 26, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide an in-depth look at the Uniform Services Employment and Reemployment Rights Act (USERRA) and its expansive employer obligations. The panel will discuss how USERRA differs from other employment anti-discrimination statutes in significant ways and the challenges this creates for employers. The panel will also offer best practices for compliance and litigation strategies when faced with a claim.
Mr. Carter helps executives reach favorable agreements with their companies at pivotal career moments such as hiring, promotion, and separation. He is also a seasoned courtroom advocate who has won numerous cases at trial and on appeal. Mr. Carter represents clients who bring claims against their employers for wrongful termination, retaliation, and discrimination of all sorts. He has strong experience representing service members and veterans who face bias in the workplace, including at defense contractors and government agencies. He has written and spoken about the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal statute that forbids employers from discriminating against workers based on their military service.
Mr. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace. A former U.S. Army infantry and intelligence officer and Iraq War veteran, Mr. Kelley also defends employers against claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA), including complicated military leave issues. A leading authority on USERRA, Brad’s articles on USERRA have been published in the Penn State Law Review, Drexel Law Review, Hofstra Labor & Employment Law Journal, and the Military Times. Prior to joining the firm, Mr. Kelley was chief counsel to the EEOC Commissioner and a senior policy advisor with the Wage and Hour Division of the U.S. Department of Labor.
Ms. Glenos’ practice is devoted to representing management in all phases of employment-related disputes and litigation, with a focus on USERRA litigation, defense of DOL/VETS and ESGR complaints, and military leave advice and counsel. In addition to her military-related practice, Ms. Glenos routinely represents clients in Title VII, Section 1981, the ADA, ADEA, FMLA, and Title IX cases. She previously worked as corporate counsel and employment law advisor to a firm client, where she advised on personnel policies and practices. She currently serves as co-chair of OD Vets, the firm’s veterans’ employee resource group.
USERRA, covering virtually all public and private employers, prohibits employment discrimination and retaliation based on military status or obligations and has broad reemployment rights. It is more far-reaching than other employment anti-discrimination laws in several respects. For instance, USERRA defines "disability" more broadly than the ADA and imposes greater accommodation duties. USERRA also does not have an administrative exhaustion requirement, enabling claims to move more quickly, and no statute of limitations, allowing plaintiffs to initiate lawsuits years after the alleged discrimination.
While USERRA litigation may not be as common as claims under other anti-discrimination statutes, notable litigation in recent years has created additional employer challenges (e.g., whether employers must provide short-term paid military leave as they do non-military leave). Additionally, claims have resulted in significant awards. For example, in September 2023, a Texas jury awarded plaintiff U.S. Army veteran Le Roy Torres $2.49 million in damages on the claim that his former employer failed to accommodate his service-related disabilities.
Counsel should understand USERRA and be up to date on recent litigation and possible defenses to assist clients with navigating the statute's expansive obligations and responding to USERRA claims.
Listen as our expert panel provides a comprehensive overview of USERRA and a litigation update. The panel will discuss employer pitfalls, review policy development, and offer best practices for assisting clients with compliance.
- Introduction: USERRA overview
- Covered entities
- Eligible employees
- Employer obligations
- USERRA protections compared to other employment anti-discrimination laws
- Title VII
- FMLA
- ADA
- Employer compliance challenges, common mistakes, penalties
- Policy development and risk mitigation
- Litigation strategies, employer defenses
- Porter v. Trans State Holdings Inc. (D. Colo. 2024)
- Practitioner takeaways
The panel will review these and other important considerations:
- In what ways is USERRA more far-reaching than other employment anti-discrimination laws such as Title VII and the ADA?
- What significant USERRA litigation in recent years has clarified employer obligations and expanded employee protections?
- What are employer defenses to USERRA claims?
- What are best practices for assisting employer clients with USERRA compliance and mitigating risk of claims?
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