USERRA

Final Regs Issued for Pensions Under USERRA

The Pension Benefit Guaranty Corporation has issued a final rule amending its regulation on benefits payable in terminated single-employer plans to address the issue of the guarantee of benefits for participants who are serving in the uniformed services at the time that their pension plan terminates. Read more

PBGC Proposes Exception for Employees On Military Duty

Elderly

The Pension Benefit Guaranty Corporation proposes to amend its regulation on benefits payable in terminated single employer plans, to “address a narrow but important issue” regarding the guarantee of benefits for participants serving in the militar Read more

Suspected Dishonesty Cannot Delay USERRA Reinstatement, Sixth Circuit Holds

6th Circuit Court of Appeals Seal An employer who denied prompt reemployment to an employee returning from military duty, due in part to his alleged “dishonesty” in the reinstatement process, violated the Uniformed Services Employment and Reemployment Rights Act, the Sixth Circuit decides.
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Fired Vet Can Pursue Harassment Claim Under USERRA

A maintenance technician who served two tours in Iraq as part of the Alabama National Guard, and who claimed that he was harassed at work due to his military service, can sue the company under the Uniformed Services Employment and Reemployment Rights Act, a federal district court decides.
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EEOC Issues Employer Guide on Disabled Vets and ADA

:Disabled The Equal Employment Opportunity Commission has issued a fact sheet for employers on employing or re-employing disabled military veterans. Read more

Returning Military Raises Host of Issues for Employers

photo As thousands of veterans return to civilian employment, companies must make sure to reinstate to the proper job, compensation, and benefits. Read more

High Court Reinstates USERRA Claim Against Hospital for Supervisors’ Bias

If supervisors, who were motivated by bias against an employee because of his military obligations, caused an adverse employment action which ultimately led the HR decisionmaker to terminate the employee, then the employer was liable under the Uniformed Services Employment and Reemployment Rights Act, a unanimous U.S. Supreme Court holds. Read more

USERRA Doesn’t Prohibit Hostile Work Environment Harassment, Fifth Circuit Says

Navy Planes The “express language” of the Uniformed Services Employment and Reemployment Rights Act does not provide for a hostile work environment claim the Fifth Circuit rules, affirming a lower court’s dismissal of a claim brought by Continental pilots who said they were subjected to repeated harassment by the airline due to their military service. Read more

Revised Publications on Employment of Veterans with Disabilities Issued by EEOC

Wounded Veterans The U.S. Equal Employment Opportunity Commission has issued two revised publications addressing veterans with disabilities and the Americans with Disabilities Act to reflect changes to the law stemming from the ADA Amendments Act, making it easier for veterans with a wide range of impairments such as traumatic brain injuries and post-traumatic stress disorder to get needed reasonable accommodations that will enable them to work successfully, according to the EEOC. Read more

U.S. Supreme Court Declines Review of USERRA Waiver

The U.S. Supreme Court will not review a Sixth Circuit ruling that a general release of claims signed by an employee terminated after returning from military duty did not violate the Uniformed Services Employment and Reemployment Rights Act. Read more

Two Firms Violated USERRA Reinstatement Obligations, 1st and 2nd Circuits Rule

Returning Military In two separate cases, employers who failed to reinstate employees returning from military service to their same pre-service position face double and treble damages for violating the provisions of the Uniformed Services Employment and Reemployment Rights Act. Read more

Final Rule Extending Expired Plan Benefits to Those on Military Duty Effective Dec. 17

A final rule issued by the Pension Benefit Guaranty Corporation in November extending its guarantee of benefits for participants who are serving in the uniformed services at the time that their pension plan terminates is effective December 17.
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