Samuel F. Wright

Captain, JAGC, USN (Ret.)
Director, Service Members Law Center
(800) 809-9448, ext. 730
Your Subtitle text

Numerical Index

 Numerical Index: Law Reviews #1001 through latest

Numerical index: Law Reviews #001 Through #0971

USERRA Law Review Basics 

*Certain law reviews that have been overtaken by events or superseded by later law reviews have been deleted from the library.
*The numbering system for the Law Reviews is a designated with the first two digits representing the year, and the last two or three digits representing the article's sequential order for that year. For example, the first published in 2006, is numbered 0601. It was first published as Law Review 207 in the January/February issue of The Officer. Previous law reviews will retain their original numbering in the ROA archives.

2014 Law Reviews

No. 14071 USERRA Protections for National Guard Personnel
No. 14070 United Airlines Settlement Sets New USERRA Record
No. 14069 DOJ Reaches Settlement with Penske on USERRA Violations
No. 14068 Equal Civilian Retirement Credibility for all Branches of ROTC
No. 14067 Iowa Expands Benefits for Military Retirees 
No. 14066 Military Leave and State University Policy
No. 14065 What Does "Employment at Will" Mean?
No. 14064 I Can't Find a Job Because of my Reserve Service
No. 14063 Federal Laws Restricting Post-Government Employment
No. 14062 Civilian Salaries, Military Compensation and the Impacts of Terminal Leave
No. 14061 That Promotion was Mine
No. 14060 How is my Civilian Pension Computed After Military Service?
No. 14059 EEOC Sues Employer for Firing Disabled Veteran
No. 14058 Calling Up Reserve Units During Domestic Emergencies - USERRA Impacts
No. 14057 New Recall Authority for Selected Reserve Units
No. 14056 Does SCRA Protect us from Non-Renewal of a Lease?
No. 14055 DOJ Sues Con-Way Freight for Violating USERRA
No. 14054 Three New Georgia Laws for Service Members
No. 14053 Progress for Service Members & Veterans in Indiana
No. 14052 I am Being Mobilized - Help!
No. 14051 DoD Proposes USERRA Amendments
No. 14050 USERRA, the Five-Year Limit, and Regular Army Service
No. 14049 USERRA and State Sovereign—Good News from Tennessee
No. 14048 Traumatic Service Group Life Insurance: The Basics
No. 14047 State and Local Government Employees Need Effective USERRA Protections
No. 14046 Marine Corps Reservist Sues Village of Skokie for Violating USERRA
No. 14045 What is an Application for Reemployment?
No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
No. 14043 Do Not Use Your Employer's Computer to Complain About Your Employer
No. 14042 USERRA Rights of Reservist During Drill Weekend
No. 14041 New Legislation in New Mexico for Service Members
No. 14040 Is the Service Member Required to Keep the Employer Informed of Extensions of the Active Duty Period?
No. 14039 Protect Your Rights By Understanding Them
No. 14038 Is the Statute of Limitations Tolled When I am on Inactive Duty Training?
No. 14037 A Political Subdivision is not a State for 11th Amendment Purposes
No. 14036 Setback in Effort to Enforce USERRA against States as Employers
No. 14035 Is my Case Governed by VEVRAA or USERRA?
No. 14034 What is the Vietnam Era Veterans' Readjustment Assistance Act? 
No. 14033 Why Did I Receive this COBRA Notice?
No. 14032 New USERRA Case from the 8th Circuit
No. 14031 Veterans' Preference for State Employees in Washington
No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
No. 14029 DOJ Sues Missouri Adjutant General under USERRA
No. 14028 I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
No. 14027 I am a Disabled Veteran and a Federal Employee—Am I Entitled to Leave Without Pay for a Medical Condition that is not Service-Connected? 
No. 14026 USERRA's Five-Year Limit—Why is it so Complicated?
No. 14025 SCRA Interest Rate Reduction Does Not Mean Taxable Income
No. 14024 The Military Extraterritorial Jurisdiction Act and the Uniformed Services Employment and Reemployment Rights Act
No. 14023 Military Voting Rights in South Carolina Primary
No. 14022 Make-Up Contributions to Your Defined Contribution Pension Plan
No. 14021 The 20-20-20 Rule and Nonregular Service
No. 14020 New Jersey Teachers Must be Credited for Military Service Time for Purposes of Layoffs and Recalls from Layoff
No. 14019 New Jersey Teachers Receive Seniority Credit for Wartime Military Service, Even if it was before Start of Teaching Career
No. 14018 Required Refund on Canceled Vehicle Lease
No. 14017 Statute of Limitations and the NYPD Class Action USERRA Lawsuit
No. 14016 Class Action USERRA Lawsuit against American Airlines Concerning Insufficient Pension Contributions for Pilots Returning to Work after extended Military Leave
No. 14015 Civilian Pension Credit for Long Period of Military Service
No. 14014 National Guard Member Works in another State - Is Her Job Protected When She Is on State Active Duty?
No. 14013 DD-214 Delay Could Delay Retirement from Civilian Career
No. 14012 Returning to Work with Two Bad Shoulders
No. 14011 What Sort of Documentation Must I Provide?
No. 14010 Requirement to Provide Documentation to Employer only Applies after Periods of Service of 31 or More Days
No. 14009 Reserve Component Leadership Should Take on the Burden of Notifying the Civilian Employer when Military Duty Will Take the Reservist away from the Civilian Job
No. 14008 SCRA and Disability Income Replacement Insurance
No. 14007 Electronic Voting for Overseas Military Voters
No. 14006 A New Election Year Has Begun, Submit a New FPCA
No. 14005 Abandonment Doctrine Rests on Slender Reed
No. 14004 Sergeant Major Erickson's Saga Continues
No. 14003 Enforcing USERRA against the State of Missouri
No. 14002 Ethan Allen is still Rolling over in his Grave
No. 14001 More than 1000 Articles about USERRA and other Law that are Especially Pertinent to Reserve Component Members

2013 Law Reviews

No. 13169 Military Pension Division: The Warrant Officer and the Wingman
No. 13168 Interest Rate Reduction upon Mobilization
No. 13167 SCRA Rights to Terminate Apartment Lease
No. 13166 Reserve Component Opportunities for Individuals Leaving Active Duty Short of Retirement Eligibility 
No. 13165 What Happens if I Fail to Report for Duty?
No. 13164 When Does the UCMJ Apply to Reservists?
No. 13163 Disability Benefits for Officers of the National Oceanic and Atmospheric Administration (NOAA) and the Public Health Service (PHS)
No. 13162 Predatory Lending: Service Members Get New Protections from some Loan Practices
No. 13161 DHS Clarifies Immigration Benefits for Family Members of Select Reserve and Veterans
No. 13160 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under "Voluntary" Authority
No. 13159 CFPB Enforces Rules on Military Payday Loans
No. 13158 Why are Service Members Treated Differently?
No. 13157 The Physical Disability Board of Review for Medical Retirement Reevaluation 
No. 13156 Counties and Other Political Subdivisions are not Immune - Western District of Virginia gets it Wrong
No. 13155 Where Am I to Vote?
No. 13154 Remove the "Race" Question from the FPCA Form
No. 13153 Is it Unlawful for my Civilian Employer to Contact the Commanding Officer of my National Guard Unit?
No. 13152 The Service Members Civil Relief Act Does Not Bar all Lawsuits Against Active Duty Service Members
No. 13151 I Think that my Employer Must Make both the Employer and the Employee Contributions to my Pension Plan
No. 13150 Credit for Military Time for Leave Accrual Purposes as a Federal Employee
No. 13149 DOL Must Comply with USERRA with respect to its own Employees if it is to be Effective with other Employers
No. 13148 Federal Agencies Must Train Supervisors on USERRA
No. 13147 OSC Effectiveness in Enforcing USERRA against Federal Agencies as Employers
No. 13146 Detroit Bankruptcy and USERRA
No. 13145 Important New USERRA Case in Fifth Circuit
No. 13144 The SCRA and USERRA - Protecting the Civil Rights of Service Members in the 21st Century
No. 13143 I Signed a Contract and Received a Corporate Signing Bonus, and Now I Have Joined the Army
No. 13142 Texas Teacher Retirement System PDF Gets USERRA Wrong
No. 13141 Is the Defendant on Active Duty? Can I Obtain a Default Judgment?

No. 13140 You’re in the Army now, your First Amendment Rights Are Circumscribed

No. 13139 How Much Must I Pay to Obtain State Pension Credit for my Year of Active Duty?
No. 13138 USERRA Pension Credit for Military Service Beyond Five Years
No. 13137 USERRA Pension Review
No. 13136 Does USERRA's Escalator Principle Apply to Defined Contribution Pension Plans?
No. 13135 Payment of $100,000 Death Gratuity During the Shutdown
No. 13134 Returning to Active Duty with VA Disability Rating
No. 13133 NYPD Violates USERRA Again
No. 13132 VA Benefits & National Personnel Records Center Fire
No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
No. 13130 Bill Introduced that Would Expand Veterans' Preference in Federal Employment to Include Reserve Component Members
No. 13129 Reservists Who Are Attorneys Are Not Precluded from Representing Clients Against Federal Agencies
No. 13128 ROA Access to Reserve Centers and other Military Installations
No. 13127 First Circuit Reemphasizes Broad Scope of the Escalator Principle
No. 13126 Sometimes DOL-VETS Is Not Totally Worthless
No. 13125 Buying Federal Civilian Retirement Credit for Reserve Service
No. 13124 Beware the Judgement-Proof Defendant
No. 13123 VA Fails to Clean Up Dirty and Dangerous Conditions at Hospital in Jackson, MS
No. 13122 USERRA Protects National Guard Service, Even if SCRA Does Not
No. 13121 Maintaining Domicile and Avoiding State Income Tax while on National Guard AGR Tour
No. 13120 Can I Keep my Texas Domicile while on a Three-Year AGR Tour in DC?
No. 13119 Reflections on the 12th Anniversary of our Generation's Date which Will Live in Infamy
No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
No. 13117 Applying for Reemployment is not Applying for Employment
No. 13116 Military Voting in 2013
No. 13115 Notice to your Civilian Employer before AGR Duty
No. 13114 Rand Corporation Study Reports Employer Ignorance on USERRA - Let them Call the Service Members Law Center
No. 13113 Pension Credit with State-Local Governments for Pre-1974 Military Service
No. 13112 Online Sources for Comprehensive Lists of State Benefits for Veterans
No. 13111 How to Compute One Year for Purposes of Section 4316(c) of USERRA
No. 13110 Special Protection against Discharge, Except for Cause, After Returning from Military Service
No. 13109 Licensing Hurdles for Service Members Unable to Keep Professional Certifications in Good Standing Due to Military Obligations
No. 13108 Revising USERRA to Include Non-Pecuniary Compensatory Damages as Remedies
No. 13107 Terminating a Lease Held Solely by a Servicemember Dependent
No. 13106 How Not To Treat a National Guard Member Who is Your Employee
No. 13105 Beware of the Tax Bump
No. 13104 How Do I Judge a USERRA Settlement Offer?
No. 13103 Forced to Quit Reserve to Obtain Loan to Buy Dental Practice
No. 13102 Air Force Recruit Has Right to Terminate Apartment Lease
No. 13101 Judge Advocate General of the Navy Has Authority To Enforce Professional Responsibility Rules on Civilian Lawyers Practicing in Navy Courts Martial
No. 13100 When Challenging Non-Selection for Promotion, You Must First Exhaust your Administrative Remedies
No. 13099 This Is Not your Father’s National Guard
No. 13098 Interesting MSPB Case on USERRA
No. 13097 What Is a “Title 38 Employee?”
No. 13096 You Must Track Your Five Year Limit
No. 13095 Another USERRA Case Headed for Supreme Court
No. 13094 Please Don't Supplant USERRA
No. 13093 Time off from Civilian Job To See Wife Return from Afghanistan—Good News from Maryland
No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
No. 13090 DOJ and NYPD Settle USERRA Class Action Lawsuit
No. 13089 ROA Is Authorized To Receive Support For Conferences
No. 13088 Supreme Court Reverses South Carolina Supreme Court in Indian Child Welfare Act Case
No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
No. 13086 Protecting ROA Access to ROTC Units and Reserve Centers

No. 13085 Federal Employees Are Protected from the Descending Escalator
No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
No. 13082 Escalator Principle Not Limited to Automatic Promotions—District of Puerto Rico Gets it Wrong
No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
No. 13080 Federal Civilian Employees Who Are Disabled Veterans Have the Right to Time off from their Jobs for Medical Treatment—Thank You President Hoover
No. 13079 It Is Better for a Reserve Component to Rely Primarily upon Involuntary Mobilization
No. 13078 Good News on Military Voting in San Bernardino County, California
No. 13077 The Escalator Can Descend
No. 13076 Public Employee Promotion Exam while Mobilized
No. 13075-Update 2 You Can Sue a Political Subdivision in Federal Court under USERRA
No. 13075-Update: You Can Sue a Political Subdivision in Federal Court under USERRA
No. 13075 You Can Sue a Political Subdivision in Federal Court under USERRA
No. 13074 Once You File with DOL-Vets, You Are Stuck with Them for Awhile
No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
No. 13072 Only the Dead Have Seen the End of War
No. 13071 New Washington Law Protects Students who  Are Members of the National Guard or Reserve
No. 13070 Federal and State Laws Protect Students whose Educational Careers Are Interrupted by Military Service
No. 13069 CSRS and USERRA
No. 13068 Federal Thrift Savings Plan and USERRA
No. 13067
Notice Before and Documentation After Military Service
No. 13066 Sometimes the Important Dog Is the One Who Does not Bark
No. 13065 Guam Cannot Lawfully Make You Get a Guam Driver’s License
No. 13064 Be Always Ready  To Sue and Don’t Sleep on your Rights
No. 13063 The Air Force Is Not Going To Court Martial You for Sharing your Faith
No. 13062 Employers—What Is Asked of You Is neither Unreasonable nor Unconstitutional
No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
No. 13060 Proposed Commission on America and its Veterans
No. 13059 Military Spouses Need Careers Too
No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
No. 13057 Don’t Use your Employer’s Computer for Navy Reserve Work
No. 13056 California University of Pennsylvania Sued for Violating USERRA
No. 13055 Celebrate Whistleblowers, Don’t Attack Them
No. 13054 Not All USERRA Plaintiffs Are Successful
No. 13053 Do I Receive the $100,000 Death Gratuity if I Die?
No. 13052 The SCRA and the “Collection Fee” on my College Tuition
No. 13051 New Georgia Law Promotes Veterans Employment
No. 13050 New Law in Maryland Helps with Employment Problem
No. 13049 New West Virginia Law Creates Tax Break for Some Service Members
No. 13048 Incentives for Civilian Employers of Reserve Component Members
No. 13047 Other Laws that Give Veterans an Advantage in Employment
No. 13046 Wounded Warriors and the Americans with Disabilities Act
No. 13045 One Year of Back Pay Is not Enough
No. 13044 National Guard Bureau Chief Testifies about Need for Employer Support
No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
No. 13042 ROA Member Files Two USERRA Lawsuits
No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
No. 13040 Dirty and Dangerous Conditions at VA Medical Center in Mississippi
No. 13039 New Supreme Court Case on Federal Tort Claims Act and Medical Malpractice
No. 13038 The Sequester, Furloughs and Federal Employees
No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
No. 13036 Misconduct Leads to Mistrial
No. 13035 Another New and Favorable USERRA Case
No. 13034 Does Medical Hold Time Count toward the Individual’s Five Year Limit under USERRA?
No. 13033 Right to Federal Employee Differential Pay Continues if Retained on Active Duty due to Combat Wound
No. 13032 A Great American Company Must Reemploy Great American Service Members
No. 13031 State of Nevada Finally Complies with USERRA
No. 13030 Important Recent Case on the Servicemembers Civil Relief Act
No. 13029 Supreme Court Case Points Way to Effective Enforcement of USERRA against State Government Employers
No. 13028 DOJ Files Amicus Brief in NM Court of Appeals
No. 13027 ROA Files USERRA Amicus Brief in NM Appellate Court
No. 13026 Child Custody and Military Service
No. 13025 The Escalator and the Sequester
No. 13024 Am I Eligible for Burial at Arlington or any other National Cemetery?
No. 13023 Help me regain my Security Clearance
No. 13022 The Escalator Can Descend as well as Ascend
No. 13021 Sergeant Major Erickson’s Struggle against the United States Postal Service Continues
No. 13020 NDAA 2013 Expands Entitlement to TRICARE Health and Dental Coverage for Reservists not on Active Duty
No. 13019 NDAA 2013 Improves Law that Protects Service Members from Predatory Lending Practices
No. 13018 NDAA 2013 Authorizes Pilot Program for Mental Health Services for the National Guard and Reserve
No. 13017 NDAA 2013 Authorizes Suicide Prevention Program for National Guard and Reserve
No. 13016 NDAA 2013 Provision on State Professional Licensing
No. 13015 NDAA 2013 Extends Duration of Temporary Expansion of Service Member’s Right to Accumulate Military Leave
No. 13014 NDAA 2013 Authorizes Transition Assistance Advisors
No. 13013 Good News on Military Voting in Avon, Connecticut
No. 13012 Enlist in Reserve Component to Repay Student Loans?
No. 13011 NDAA 2013 Provides for Reserve Component Representation on the Joint Staff
No. 13010 NDAA Provision Protects Conscience Rights of Service Members, Especially Chaplains
No. 13009 Differential Pay for Federal Employees Called to Active Duty for Contingency Service
No. 13008 NDAA 2013 Promotes Fairness for Coast Guard Reserve
No. 13007 Call Me, But Not while You Are Driving
No. 13006 Military Spouse Residency Relief Act—Part 3
No. 13005 SCRA Bars Double State Taxation of your Reserve Drill Pay
No. 13004 USERRA Does Not Provide for Reemployment of Active Duty Service Member Who Starts Job while on Active Duty and Seeks Reemployment after a Deployment
No. 13003 Military Spouse Residency Relief Act—Part 2
No. 13002 Understanding Citations in Law Reviews
No. 13001 ROA Provides a Unique Service, Not Duplicating ESGR

2012 Law Reviews
No. 12122 Does USERRA Violate the 10th Amendment?
No. 12121 Supreme Court Strikes Down Stolen Valor Act
No. 12120 Make the States Waive Sovereign Immunity Concerning USERRA Lawsuits or Lose Federal Funding—No, that Won’t Work
No. 12119 USERRA Forbids Discrimination in Employment Based on Uniformed Service—Not Limited to Reserve Component Service
No. 12118 DOJ Sues NYC Internet Business for Violating USERRA
No. 12117
Good News on Military and Overseas Voting from Isle of Wight County, Virginia
No. 12116 Contractor Employees in Afghanistan Are Not Protected by the SCRA or USERRA
No. 12115 Good News from Rhode Island on Enforcing USERRA against a State Agency as Employer
No. 12114 USERRA Does Not Apply to PHS Selection of PHS Officers
No. 12113 Good News on Military and Overseas Voting from Kane County, Illinois
No. 12112 I Need Time off from my Job to Travel to my Drill Weekend
No. 12111 Don't Be Fooled by "Duffel Blog" Spoof
No. 12110 SCRA as Solution to Problem of Student Loan Debt for Service Members—Not so Fast
No. 12109 USERRA Forbids Discrimination with respect to Retention in Employment
No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
No. 12107 Reemployment Rights for Laid Off Employees
No. 12106 Don’t Give Employer Excuse to Fire You
No. 12105 What Are the Reserve Components?
No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
No. 12103 Pension Credit for 1980s Military Service
No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
No. 12101 Ballot Dispute Delays Absentee Ballot Mailing on Long Island
No. 12100 Yes You Can Double-Dip!
No. 1299 There’s a Hole in USERRA. Will States Fill it if Congress Won’t?
No. 1298 Now that You Are Retired from the Army, You Must Register To Vote in Virginia
No. 1297 Federal Write-in Absentee Ballot
No. 1296 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
No. 1295 Lawsuits against DOD for Breach of Private Medical Information
No. 1294 Who Gets To Decide that a Period of Service Is Exempt from the Five-Year Limit under USERRA?
No. 1293 USERRA’s Protection against Post-Reemployment Firing
No. 1292 Illegal Non-Judicial Foreclosure on Service Member’s House
No. 1291 Please Contact your Local Election Official Today!
No. 1290 You only Need one Employee to Be an Employer for Purposes of USERRA
No. 1289 Affirmative Defenses under USERRA
No. 1288 More on Ohio Lawsuit regarding Early Voting
No. 1287 Dependents with Disabilities: Adult children can qualify for IDs and Tricare with proper documentation
No. 1286 TSA Screeners Now Finally Have Enforceable USERRA Rights
No. 1285 GOP Rules Require that Military Personnel Have a Reasonable Opportunity to Vote in the 2016 Presidential Nomination Process
No. 1284 Federal Court Finds DOD to Be “Arbitrary and Capricious” for Denying TRICARE Coverage for Autism Therapy
No. 1284 (Update) TRICARE Management Agency Implements Court Decision
No. 1283 DOJ Files Class Action USERRA Lawsuit against NYC
No. 1282 DOJ Gets Job Back for Mobilized Navy Reservist
No. 1281 Your Rights Under USERRA (Replaces No. 0766)
No. 1280 Keep on Voting in New Hampshire, not Ohio
No. 1279 Act Now to Vote in 2012
No. 1278 Don’t Make Service Members Wait another 60 Years to Vote!
No. 1277 ROA Intervenes in Ohio Lawsuit to Protect Military Voting Rights
No. 1276 Presidential Memorandum Gives Uniformed Services Employment and Reemployment Rights Act (USERRA) Guidance to Federal Employers
No. 1275 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
No. 1274 No Retirement Points for Midshipman Cruises
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1272 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
No. 1271 Don’t Conflate Section 4311 of USERRA with Section 4312
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1269 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
No. 1268 Getting out of a Lease upon Deployment of Soldier
No. 1267
Is Harassment a Cognizable Claim under USERRA—(Continued)
No. 1266 Honoring Whistleblowers
No. 1265 Are Illegal Immigrants Permitted to Enlist in the Armed Forces?
No. 1264 UCS Payments for Unemployed Veterans
No. 1263 Bill Introduced to Narrow One of USERRA's Affirmative Defenses 
No. 1262 What is a "Frontiero Refrigerator?"
No. 1261 DOJ Settles USERRA Suit Filed Against United Airlines
No. 1260 Service Academy Admissions Work NOT Protected by USERRA
No. 1259 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
No. 1258 Virginia- Don't Disenfranchise Service Members in the 2013 Gubernatorial Nomination 
No. 1257 Federal Only or All Office Voting from Overseas?
No. 1256 Eleven California Counties Are Late in Sending Absentee Ballots for 2012 Primary
No. 1255
A Small Sacrifice Asked of the 99.25%
No. 1254 Reemployment Rights in Student Job on Campus
No. 1253 Military Power of Attorney: A Copy is Not Just as Good as an Original
No. 1252 Contractual Statute of Limitations Under USERRA 
No. 1251 USERRA and Public Sector Defined Benefit Pension Plans
No. 1250 USERRA Applies to Short and Long Period of Services 
No. 1249 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
No. 1248 DOJ Settles SCRA Case Against Norfolk Towing Company
No. 1247 Minnesota Passes Legislation on USERRA
No. 1246 Should We Tell the Employers Now or Wait?
No. 1245 Waiver of Rights Under SCRA
No. 1244 Senator Introduces Bill to Improve SCRA
No. 1243 Senator Introduces Bill to Improve USERRA
No. 1242 SCRA Forbids Non-Judicial Foreclosure During or Within Nine Months After Active Duty
No. 1241 Redistricting Litigation in Hawaii Threatens to Disenfranchise Military Voters
No. 1240 DOJ Sues Home Depot for Violating USERRA
No. 1239 Evans vs. MassMutual Financial Group, Round 2
No. 1238 Why Can't I Retire From My Civilian Job While I am on Active Duty?
No. 1237 Military Voting Rights in Wisconsin
No. 1236 ESGR Serving 40 Years and Counting
No. 1235 OPM Director Announces Zero Tolerance for USERRA Violations 
No. 1234 Coast Guard Reservist Needs Drill Credit for Medical Appointment 
No. 1233 Federal Arbitration Act Severely Limits Review of Arbitrator's Erroneous Ruling 
No. 1232 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA 
No. 1231 USERRA Plaintiff Does Not Have to Pay Filing Fee 
                *Update: In Law Review 1231 we promised to bring this matter to the personal          
attention of the Chief Clerk of each of the 93 United States District Courts.  Here is the
letter that we sent to the Clerk of the United States District Court for the Northern
District of Alabama.  The other 92 letters are identical.

No. 1230 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member 
No. 1229 USERRA and the FMLA- Part II 
No. 1228 USERRA and the FMLA 
No. 1227 One More Exemption From USERRA's Five-Year Limit 
No. 1226 Federal Court Orders Alabama to Extend Deadline for Receipt of Absentee Ballots 
No. 1225 Federal Court Order Protects Military Voting Rights in New York 
No. 1224 Alternative Way to Enforce USERRA Against a State Government Employer 
No. 1223 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment 
No. 1222 Congress Expands Work Opportunity Tax Credit for Hiring Qualified Veterans  
No. 1221 Why Does a Case Take So Long- Part II
No. 1220 Reservists Should Be Permitted to Take Licensed Customs Broker Exams 
No. 1219 Computation of Civilian Pension Upon Returning to Work After Service 
No. 1218 Let's Put Some Teeth into Military Voting Rights 
No. 1217 You Must Apply for Reemployment- Part 3 
No. 1216 Department of Labor to Expand FMLA Rights for Military Families 
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment 
No. 1214 Air Force Progress on Exemptions to USERRA's Five-Year Limit 
No. 1213 Military Voting in Presidential Caucuses- Part II 
No. 1212 USERRA and the Fair Labor Standards Act 
No. 1211 Harassment as USERRA Violation 
No. 1210 Working at Your Civilian Job Prior to Reporting for Active Duty 
No. 1209 Don't Let Ballot Access Litigation Disenfranchise Military Voters
No. 1208 What Happens to My Stock Option Plan When I Get Mobilized?
No. 1207 Can I Sell My Holiday Time?

No. 1206 Supreme Court Endorses the Ministerial Exception

No. 1205 Military Voting and Redistricting
No. 1204 Politicking While on Active Duty? NO
No. 1203 Don't Let Redistricting Litigation Disenfranchise Military Voters
No. 1202 Vote in 2012
No. 1201 Oklahoma Attorney General Gets It Wrong on USERRA

2011 Law Reviews
No. 11112 Why Can't the Military Voters All Register to Vote Here on Base?
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 11110 As Civilian Employer, Army Harasses and Abuses Disabled Veteran
No. 11109 Taking a Federal Early-Out Incentive and Returning to Active Duty
No. 11108 Tennessee Secretary of State Goes the Extra Mile for Military Voters
No. 11107 UOCAVA Protects Voting Rights of Overseas Americans
No. 11106 Progress on Exempting Certain National Guard Service From USERRA's Limit
No. 11105 Unemployment Rate Among Young Veterans Rises Even While Overall Rate Drops
No. 11104 Reserve and National Guard Personnel Who Die During a Drill Weekend
No. 11103 Help! The Army Has Sent Me Home Early!
No. 11102 Bunting v. Town of Ocean City Comes to a Conclusion
No. 11101 Don’t Apply for Reemployment Until You Are Ready To Return to Work—Part 2
No. 11100 Please Don't Forget the Reserves
No. 1199 Bill Introduced to Expand Exemptions from USERRA’s 5-Year Limit
No. 1198 USERRA Protection for National Guard Members
No. 1197 
ROA Member Elected to Congress and Hits the Ground Running

No. 1196
NOAA Corps and PHS Corps Officers Are Treated Unfairly by OPM
No. 1195 USERRA and the State of New Mexico—Part 2
No. 1194 Matthew King's Application for UCX Did Not Justify His Firing
No. 1193 Military Voting: One Step Forward, Two Steps Back
No. 1192 Voting Victims: Antiquated Process Can Disenfranchise Service Members
No. 1191 USERRA Claims Should Not Be Subject to Binding Arbitration Agreements
No. 1190 Veterans Opportunity to Work Act of 2011- part II
No. 1189 Veterans Opportunity to Work Act of 2011
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 1187 DOJ Proposes SCRA Amendments
No. 1186 Whistleblower Suit Against Big Banks
No. 1185 USERRA and the National Football League
No. 1184 Military Voters Lose Out as States Race to Be First in Presidential Primaries
No. 1183 Military Voting in 2011 Elections
No. 1182 Does USERRA Apply to Me?

No. 1181 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
No. 1180 It Is Not Your Responsibility to Find a Replacement

No. 1179 SCRA Only Protects Your Military Income from State Income Tax
No. 1178 DOJ Proposes USERRA Amendments
No. 1177 DOJ Proposes UOCAVA Amendments
No 1176 Active Duty Time Counts for Federal Civilian Leave Accrual Purposes, Part 2
No. 1175 The National Guard Must Be a Model Employer under USERRA
No. 1174 Why Does a Case Take so Long?
No. 1173 Another Great USERRA Appellate Case
No. 1172 NY Legislature Strengthens Protections for Military Members Under State Law
No. 1171 What is an Application for Reemployment?
No. 1170 Million Dollar USERRA Judgment Affirmed by 2nd Circuit
No. 1169 You Need To Look Out for Your Own Interests Regarding Your Reserve Retirement
No. 1168 USERRA Protects the Co-Worker Who Testifies or Provides Information in a USERRA Case
No. 1167 Unfavorable 8th Circuit USERRA Case
No. 1166 Employer Support of the Guard and Reserve
No. 1165 Don't Use Employer Resources When Researching Possible Employment Rights Violations
No. 1164 Does My Active Duty Time Count for Federal Civilian Leave Accrual Purposes?
No. 1163
New Special Counsel Pledges Diligent USERRA Enforcement
No. 1162 You Need Not Report Back to Work Immediately After Military Service
No. 1161 Training Federal HR Personnel on USERRA
No. 1160 Supreme Court decision draws line between rights and values
No. 1159 Military Voting—Progress in South Carolina
No. 1158 Letter to DOJ about USERRA Enforcement
No. 1157 How Do I Prove My “Escalator” Case?

No. 1156  Military Voting in Presidential Caucuses
No. 1155 City Employee Accused of Wrongdoing: Can He Be Fired while in Afghanistan?
No. 1154  Progress in Virginia on Military Voting
No. 1153  Is Income Replacement Insurance Covered by USERRA?
No. 1152 DOL Closing Case as "Without Merit" Does Not Bind Claimant
No. 1151 Beef Up Enforcement of the SCRA
No. 1150 TSP and USERRA
No. 1149 Another Case on State Sovereign Immunity under USERRA
No. 1148 The Servicemembers Civil Relief Act and Foreclosure
No. 1147 Judicial Remedy for VA Tardiness?
No. 1146 FMLA and USERRA
No. 1145 Back to Work: Timely application for reemployment is essential.
No. 1144 PTSD, USERRA, and the State of New Mexico
No. 1143 New Evidence of Discrimination against Recently Separated Veterans
No. 1142 Where Do Military Personnel and Family Members Vote?
No. 1141 Army Reserve Dentist Loses USERRA Case
No. 1140 Suing a State Government Employer under USERRA
No. 1139 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
No. 1138 Garnishment of Military Pay
No. 1137 Federal Contractor Affirmative Action for Hiring Veterans
No. 1136 Five-Year-Limit Primer: Your job protection is up to you.
No. 1135 Military Extraterritorial Jurisdiction Act
No. 1134 Protection against Discharge after Reemployment
No. 1133 New York Court of Appeals Clarifies Protections for Military Members Under State Law
No. 1132 When may a Washington State government-employee veteran increase their score on a promotion exam?
No. 1131 Not Everything You Do for Your Reserve Component Is Protected by USERRA
No. 1130 Does USERRA Provide a Remedy for Employer Harassment?
No. 1129 Tax Records in USERRA Cases: How Both Parties May Obtain Each Other's Private Financial Records
No. 1128 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
No. 1127 USERRA Prohibition Against Retaliation May Extend to Service Member’s Spouse Who Works for the Same Employer
No. 1126 Can We Fire Him for Going over the Five-Year Limit?
No. 1125 Furloughs and the Five-Year Limit
No. 1124 Federal and State laws may define ‘Veteran Status’ differently
No. 1123 The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
No. 1122 Supreme Court Reverses 7th Circuit in USERRA Case
No. 1121 Proposed Private Right of Action under UOCAVA
No. 1120 Double Serving Not Double Dipping
No. 1119 USERRA and Public Sector Pension Plans
No. 1118 Fourth Circuit Holds New SCRA Private Right of Action is Retroactive
No. 1117 Hawaii Legislature Enacts Legislation Protecting Military Parents in Child Custody Disputes
*No. 1116 Debt Collectors’ Trade Association Acknowledges SCRA
No. 1115 No Age Limit on USERRA Protection
No. 1114 Student Loans Are Now Subject to SCRA 6% Interest Rate Cap
No. 1113 Revised Military Voting in Chicago Mayoral Election
No. 1112 Fourth Circuit Reverses Summary Judgment for Employer
No. 1111 DOJ Settles USERRA Suit Against Titan Laboratories
No. 1110 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
No. 1109 USERRA Does Not Protect Absence from Work To Attend DEP Meetings
No. 1108 MSPB Holds that Disparate Impact Discrimination Is Not a Cognizable Claim under USERRA
No. 1107 I Never Asked To Continue My Health Insurance When I Left the Job To Serve
No. 1106 Important New Case on USERRA Discrimination
No. 1105 Virginia-Please Don’t Disenfranchise Military Personnel in Primaries
No. 1104 The Federal Government Is Not Bound by Incorrect Advice
No. 1103 The MSPB Is Finally Catching On
No. 1102 USERRA’s Five-Year Limit Applies to Employer Relationship
No. 1101 Concessions on All Sides: Employers, as well as Reservists, must bear the brunt of the extended deployments and separation from work.
No. 1099 Law Review 1008 Reconsidered
No. 1098 Paid Military Leave for National Guard Technicians
No. 1097 Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
No. 1096 Prior Notice to Civilian Employer - Part 2
No. 1095 Prior Notice to Civilian Employer
No. 1094 Coverage for National Guard Members on State Duty
No. 1093 Great Victory for Military Voting Rights
*No. 1092 Military Ballots Crucial to Outcome of Texas Cliffhanger
No. 1091 Safeguarding Military Voting Rights: Progress Made and What Remains To Be Done
No. 1090 Federal Civilian Retirement Credit for Military Service
No. 1089 USERRA Most Definitely Applies to National Guard Members Performing Border Protection Duty
No. 1088 Privacy Act Applies to National Guard Even When Not Federalized
No. 1087 USERRA Forbids Discrimination in Initial Employment
No. 1086 Military Family Law Primer
No. 1085 Improve the SCRA: Progress Made and What Remains To Be Done
No. 1084 Congress Overrides State “Source Tax” Rules
No. 1083 Congress Beefs up the SCRA Enforcement Mechanism
No. 1082 USERRA and Federal Rule of Civil Procedure 68, Offer of Judgment: Awards of Plaintiff's Attorney Fees and Prohibition of Charging Costs Under USERRA Are Not Affected by Rule 68.
No. 1081 Congress Strengthens SCRA Provision on Terminating Cell Phone Contract upon Mobilization or Deployment
No. 1080 Congress Orders a New Demonstration Project on USERRA Enforcement
No. 1079 Congress Strengthens SCRA Provision on Terminating Lease of Premises or Vehicle upon Activation, Deployment, or PCS Orders
No. 1078 Don’t Sacrifice Military Personnel to “Paperwork Problems” in Foreclosures
No. 1077 Enhancing the Protections of USERRA: Progress Made, and What Remains To Be Accomplished
No. 1076 Congress Strengthens USERRA’s Protection against Discrimination
No. 1075 Congress Clarifies the Application of USERRA to Successors in Interest
No. 1074 New York, Illinois Fail to Deliver Absentee Ballots
No. 1073 A Small Price: Laws on the books protect the few who sacrifice for the many.
No. 1072 Military Absentee Voting in Maryland
No. 1071 Maryland Court of Appeals Case on Military Voting
No. 1070 DOJ Sues New York To Enfranchise Military Voters
No. 1069 No Wife, No Kids—Am I Eligible to Elect RC-SBP?
No. 1068 If I Choose the RC-SBP and then Die, When Does My Husband Get the Cash?
No. 1067 My Big Bank Will Be Taken Over by Bigger Bank
No. 1066 USERRA Overrides Federal Agency Rule on “Outside Employment”
No. 1065 Is the Stolen Valor Act Unconstitutional?
No. 1064
Suit Filed To Protect Military Voting Rights in Maryland
No. 1063 Motor Voter Law and Veterans
No. 1062 Voting by Disabled Veterans Residing at VA Facilities
No. 1061 What to Do When Your Absentee Ballot Is Late
No. 1060 DOD Action on MOVE Act Waiver Requests-Continued
No. 1059 Reimbursement for Lodging Expenses while on Active Duty
No. 1058 Vote Early and Vote Often
No. 1057 Special Delivery for Votes
No. 1056 Maryland Will Meet the 45-Day Standard, But Only for Federal Offices
No. 1055 DOD Acts on MOVE Act Waiver Requests
No. 1054 Don’t Do Your Reserve Work on Your Employer’s Time
No. 1053 Calling Yourself an Independent Contractor Does Not Make You One
No. 1052 Readmission of Servicemembers to Postsecondary Institutions - Details Regarding the Department of Education (DOE) Regulations Implementing the New Law on Mandatory Readmission of Mobilized Reserve and Guard and Active Duty Students
No. 1051 Alabama Ordered To Comply with USERRA
No. 1050 USERRA Applies to Managerial and Executive Jobs
No. 1049 Injunctive Relief under USERRA
No. 1048 James B. Hurley’s Saga Continues
No. 1047 Proposed “Children of Fallen Warriors AMT Relief Act”
No. 1046 USERRA Damages Can Be Awarded for Lost Military Pay
No. 1045 National Guard and Reservists Debt Relief Act of 2008
No. 1044 Federal Agency Employer Cannot Make You Quit the Reserves
No. 1043 Does a Merger Reset My Five-Year Clock?  No.
No. 1042 New Case on Successor in Interest under USERRA
No. 1041 USERRA Liability of the Successor in Interest
No. 1040 Don’t Use Your Employer’s Equipment to Complain about your Employer
No. 1039 Successor in Interest Continued
No. 1038 Proposed Legislation To Promote Hiring of Recent Veterans
No. 1037
USERRA and Veterans’ Preference Laws Apply to California Court System
No. 1036 Supreme Court Upholds Constitutionality of Special Treatment for Veterans' Organizations
No. 1035 The Definition of "Uniformed Services"
No. 1034 National Guard: Yes, Title 32 duty is covered by USERRA
No. 1033 What Is “Noncareer” Service?
*No. 1032 Congress Enacts New Protections for Mobilized Students
No. 1032 Update Department of Education Promulgates New Regulations To Implement New Law on Mandatory Readmission of Mobilized Students
No. 1031 DOJ Files and Settles on the Same Day, Again
No. 1030 Prior Notice to the Civilian Employer Need Not Be in Writing
No. 1029 You Can Sue a Political Subdivision Under USERRA
*No. 1028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
No. 1027 DOJ Sues Company and Settles the Same Day
No. 1026 Special Protection against Discharge, Except for Cause
No. 1025 Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
No. 1024 Health Insurance Continuation During Service
No. 1023 Reinstatement of Health Insurance Coverage after Return from Military Service
No. 1022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
No. 1021 The Civilian Employer Does Not Get a Veto
No. 1020 Progress on Bill Adding an Additional Exemption from the 5-Year Limit
No. 1019 The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
No. 1018 SCRA Applies to USPHS Officers
No. 1017 DLA Violates USERRA
No. 1016 Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
No. 1015 Escalator Principle Applies to Entire Period of Military-Related Absence
No. 1014 11th Amendment Does Not Bar Suit against a State by the United States
No. 1013 Absentee Ballots MUST Be Mailed 45 Days before Election
No. 1012
You Only Get One Chance To Make Your Case
No. 1011 An Instructive New USERRA Case from Ohio
No. 1010
Differential Pay for Federal Employees—Continued
No. 1009 Don’t Sign on the Dotted Line Until You Understand
No. 1008
Reserve Component Survivor Benefit Plan for Reservist Who Marries After Notification of Eligibility to Participate
No. 1007 Active Duty that Enables You to Receive Reserve Retirement before Your 60th Birthday
No. 1006
Prior Approval Required for Uniformed Services Retiree or Reservist to Work for a Foreign Government
No. 1005 Does the New Federal Law on Military Voting Apply to Special Elections?
No. 1004 Generous Employer Not Required to Remain Generous
*No. 1003 Differential Pay for Federal Employees
No. 1002 Voluntary v. Involuntary Service—Continued
No. 1001 New Executive Order on Employment of Veterans in the Federal Government

Back to top of page