*Certain law reviews that have been overtaken by events or superseded by later law reviews have been deleted from the library.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.
2015 Law Reviews
No. 15086 Sixth Circuit Reverses Unfavorable District Court USERRA Decision
No. 15085 Purchasing Federal Civilian Retirement Credit for Active Military Service before You Began Your Federal Civilian Career
No. 15084 Sometimes You Get Federal Employee Retirement Credit for Military Service, and Sometimes such Credit Is Precluded
No. 15083 Yes, You Can Purchase State Public Employee Retirement Credit for Service Academy Time, at Least in California
No. 15082 You Must Stay within the Five-Year Limit To Obtain Civilian Pension Credit for Military Service Time
No. 15081 You Must Leave Active Duty and Apply for Reemployment to Obtain Civilian Pension Credit for your Military Service Time
No. 15080 New NLRB Decision Points the Way to Stronger USERRA Enforcement
No. 15079 Unlawful for Federal Agency to Fire Employee for Contacting Congress
No. 15078 State Budget Crisis Does Not Excuse USERRA Violation
No. 15077 If You Sign a Vehicle Lease while not on Active Duty and then Go on Active Duty during the Term of the Lease, You Have the Right to Terminate the Lease
No. 15076 SCRA Precludes Oregon from Making you Pay State Income Tax in Oregon while you are Serving there in the PHS
No. 15075 USERRA Applies to Voluntary as well as Involuntary Military Service
No. 15074 Descending Escalator or Employer’s Changed Circumstances?
No. 15073 Recent Favorable USERRA Case from Massachusetts
No. 15072 Being a Nurse Practitioner, rather than simply a Registered Nurse, Is Part of the “Status” to which You Are Entitled upon Reemployment
No. 15071 New Air Force Memorandum on USERRA’s Five-Year Limit
No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
No. 15069 It Is Unlawful for an Employer To Deny Initial Employment Based on Unavailability on the Start Date, When the Unavailability Is Based on Active Military Service.
No, 15068 ROTC and JROTC—What Is the Difference?
No. 15067 The Reemployment Statute Turns 75
No. 15066 Calling you an Independent Contractor Does Not Make you one.
No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
No. 15064 The MSPB Adjudicates Claims that Federal Executive Agencies Have Violated USERRA
No. 15063 New Favorable Case on Section 4311 of USERRA
No. 15062 Update on Angiuoni v. Town of Billerica
No. 15061 The Servicemembers Civil Relief Act only Protects Service Members
No. 15060 Beware of Asserting Inconsistent Claims
No. 15059 Does USERRA Provide for Disparate Impact Liability?
No. 15058 What Is “Chevron Deference?”
No. 15057 Returning to Police Officer Job with PTSD
No. 15056 What Is “Service in the Uniformed Services” for USERRA Purposes?
No. 15055 You Must Apply for Reemployment—Part 7
No. 15054 You Must Apply for Reemployment—Part 6
No. 15053 USERRA 101 Final Exam
No. 15052 Service Members Law Center–Six Years of Accomplishments and Continuing
No. 15051 Delaware Falls Short in Accommodating Deployed Service Members and Military Spouses
No. 15050 Reemployment Rights as an ANG Technician
No. 15049 Disability and Division of Benefits with Ex-Spouse
No. 15048 Military Service, Civil Service, Settlement and Sabotage
No. 15047 A Teaspoon of TSP
No. 15046 You Must Apply for Reemployment—Part 5
No. 15045 Reemployment Rights with the Successor in Interest
No. 15044 Does Section 4311 of USERRA Outlaw Employer Discrimination Based on a Service-Connected Disability?
No. 15043 Yes, You Have the Right to Vote under UOCAVA
No. 15042 USERRA Applies all over the World to U.S. Government, U.S. Companies, and Foreign Subsidiaries of U.S. Companies
No. 15041 Seniority for PHS Officers within the BOP Medical System
No. 15041-Update Seniority for PHS Officers; updated September 2015
No. 15040 You Must Apply for Reemployment—Part 4
No. 15039 Federal Law Protects Students Called to the Colors during a Semester, But it Does not Help the Student who Must Miss a few Days for Drills or Annual Training
No. 15038 Federal and State Laws Protect Students whoseEducational Careers Are Interrupted by Military Service
No. 15037 Reemployment Rights for Wounded Warriors
No. 15036 Time off from Work for Short Periods of National Guard Training
No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
No. 15034 Terminating Leases and Contracts when Entering Active Duty
No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
No. 15032 State Law Protections for National Guard Members on State Active Duty
No. 15031 Santander Consumer USA Required To Pay $9.35M for Illegally Repossessing the Vehicles of Service Members
No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
No. 15029 Judge Bucklo Gets it Wrong on USERRA
No. 15028 Why Aren’t Young Women Required to Register for Selective Service?
No. 15027 Under Current Law, not every Reservist Is a Veteran, But that Should Change
No. 15026 Missouri TAG Settles Case Alleging USERRA Violation
No. 15025 The Clean Hands Doctrine Applies in Reemployment Cases
No. 15024 Military Voting under UOCAVA
No. 15023 Please Don’t Take away my LQA!
No. 15022 Bill in Texas Legislature Would Provide Additional Benefits for State Employees Returning to State Employment after Military Service
No. 15021 Evans v. MassMutual Financial Group—Update
No. 15020 Call it the Escalator Principle, not the Elevator Rule
No. 15019 North Carolina Judge Reprimanded for Flouting SCRA
No. 15018 Computing the Five-Year Limit under USERRA
No. 15017 USERRA Applies to Local Police Department as Employer
No. 15016 Carter v. Siemens Update
No. 15015 Proving a USERRA Discrimination Case. Is it Lawful To Require the unsuccessful USERRA Plaintiff to Pay Court Costs?
No. 15014 Is it Lawful for the Employer to Make me Use Vacation Days for my Military Training and Service?
No. 15013 Yes, You Have 90 Days to Apply for Reemployment
No. 15012 Bill Introduced to Give Sick Leave Bonus to Wounded Warriors who Are new Federal Employees
No. 15011 Alabama School Districts Do Not Have 11th Amendment Immunity, Eleventh Circuit Holds
No. 15010 H.R. 22—The Hire More Heroes Act of 2015—Would it Help Unemployed Veterans to Find Jobs?
No. 15009 Applicability of USERRA to the Legislative and Judicial Branches
No. 15008 Congress Fixes the Fiscal Year Barrier Problem, but the Fix Is not Retroactive
No. 15007 To Get Pension Credit for Military Service, You Must Return to your Pre-Service Civilian Employer
No. 15006 Right to Reinstatement of Civilian Health Insurance upon Returning from Period of Uniformed Service-Continued
No. 15005 USERRA and Health Insurance
No. 15004 EEOC Obtains Great Settlement in ADA Case for Disabled Veteran
No. 15003 TAXES AND MILITARY PENSIONS
No. 15002 Is the NOAA Commissioned Corps a Uniformed Service for Purposes of USERRA?
No. 15001 What Is an Application for Reemployment?
2014 Law Reviews
USERRA in the New Mexico Supreme Court
We’re so Productive that We Are Being Sent Home Early
Sometimes Arbitration Does Work for USERRA Plaintiffs
My Colleagues Received a Bonus while I Was on Active Duty, and I Missed Out—Help!
A Great New Case on the Escalator Principle
OSC Honors Three VA Whistleblowers with “Public Servant of the Year Award”
USERRA Rights of RC Members Employed by University Police Department
Right to Health Insurance Reinstatement under USERRA
You Have 90 Days To Apply for Reemployment
USERRA Forbids Discrimination Based on Having Performed Uniformed Service or on Having Sued To Enforce USERRA
Working at Civilian Job during Drill Weekend
Harassment, Hostile Work Environment and Available Damages or Equitable Relief under the Uniformed Services Employment and Reemployment Rights Act
Erickson v. United States Postal Service—The Saga Continues
Captain Wright Teaches NJ Lawyers about USERRA
UCMJ Reforms in the National Defense Authorization Act
DOJ Gets Serious about Suing States that Disenfranchise the Brave Young Men and Women Who Are away from Home and Prepared To Lay Down their Lives for our Country
Why two Absentee Ballots in 2014? When Can I Expect To Receive my State Ballot?
Please Contact your Local Election Official
The Period of Service, not the Period of Absence, Is Subject to the Five-Year Limit under USERRA.
Terminating an Apartment Lease upon PCS Orders
If I Am Selected for AGR Tour, Can I Get out of my Apartment Lease?
Does my Active Duty Time Count toward my Five-Year Limit under USERRA? Does the Time help me Qualify for Early Receipt of Reserve Retirement? That Depends....
The Supreme Court’s Recent Hobby Lobby Decision Is Unlikely to Present a Significant Problem in USERRA Enforcement.
MILITARY DIVORCE: NOT JUST ANY ATTORNEY…
“Good to Go” (and Return!) Part 1: Unraveling the Rules
Judge Orders Navy Sailor on Sub in Pacific to Appear at Court Hearing in Michigan—Can She Do that?
DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
Why Does the Service Members Law Center Provide Information to Persons Who Are Not ROA Members?
Right to Use Vacation Days for Military Service
After 42 Days of IMA Duty, How Long Do I Have to Report back to my Civilian Job?
Don’t Quit your Job if you Want to Sue under USERRA
USERRA Protections for National Guard Personnel
United Airlines Settlement Sets New USERRA Record
DOJ Reaches Settlement with Penske on USERRA Violations
Equal Civilian Retirement Credibility for all Branches of ROTC
Iowa Expands Benefits for Military Retirees
Military Leave and State University Policy
What Does "Employment at Will" Mean?
I Can't Find a Job Because of my Reserve Service
Federal Laws Restricting Post-Government Employment
Civilian Salaries, Military Compensation and the Impacts of Terminal Leave
That Promotion was Mine
How is my Civilian Pension Computed After Military Service?
EEOC Sues Employer for Firing Disabled Veteran
Calling Up Reserve Units During Domestic Emergencies - USERRA Impacts
New Recall Authority for Selected Reserve Units
Does SCRA Protect us from Non-Renewal of a Lease?
DOJ Sues Con-Way Freight for Violating USERRA
Three New Georgia Laws for Service Members
Progress for Service Members & Veterans in Indiana
I am Being Mobilized - Help!
DoD Proposes USERRA Amendments
USERRA, the Five-Year Limit, and Regular Army Service
USERRA and State Sovereign—Good News from Tennessee
Traumatic Service Group Life Insurance: The Basics
State and Local Government Employees Need Effective USERRA Protections
Marine Corps Reservist Sues Village of Skokie for Violating USERRA
What is an Application for Reemployment?
South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
Do Not Use Your Employer's Computer to Complain About Your Employer
USERRA Rights of Reservist During Drill Weekend
New Legislation in New Mexico for Service Members
Is the Service Member Required to Keep the Employer Informed of Extensions of the Active Duty Period?
Protect Your Rights By Understanding Them
Is the Statute of Limitations Tolled When I am on Inactive Duty Training?
A Political Subdivision is not a State for 11th Amendment Purposes
Setback in Effort to Enforce USERRA against States as Employers
Is my Case Governed by VEVRAA or USERRA?
What is the Vietnam Era Veterans' Readjustment Assistance Act?
Why Did I Receive this COBRA Notice?
New USERRA Case from the 8th Circuit
Veterans' Preference for State Employees in Washington
One Week of Excused Absence for Federal Employee Returning from Mobilization
DOJ Sues Missouri Adjutant General under USERRA
I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
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?
USERRA's Five-Year Limit—Why is it so Complicated?
SCRA Interest Rate Reduction Does Not Mean Taxable Income
The Military Extraterritorial Jurisdiction Act and the Uniformed Services Employment and Reemployment Rights Act
Military Voting Rights in South Carolina Primary
Make-Up Contributions to Your Defined Contribution Pension Plan
The 20-20-20 Rule and Nonregular Service
New Jersey Teachers Must be Credited for Military Service Time for Purposes of Layoffs and Recalls from Layoff
New Jersey Teachers Receive Seniority Credit for Wartime Military Service, Even if it was before Start of Teaching Career
Required Refund on Canceled Vehicle Lease
Statute of Limitations and the NYPD Class Action USERRA Lawsuit
Class Action USERRA Lawsuit against American Airlines Concerning Insufficient Pension Contributions for Pilots Returning to Work after extended Military Leave
Civilian Pension Credit for Long Period of Military Service
National Guard Member Works in another State - Is Her Job Protected When She Is on State Active Duty?
DD-214 Delay Could Delay Retirement from Civilian Career
Returning to Work with Two Bad Shoulders
What Sort of Documentation Must I Provide?
Requirement to Provide Documentation to Employer only Applies after Periods of Service of 31 or More Days
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
SCRA and Disability Income Replacement Insurance
Electronic Voting for Overseas Military Voters
A New Election Year Has Begun, Submit a New FPCA
Abandonment Doctrine Rests on Slender Reed
Sergeant Major Erickson's Saga Continues
Enforcing USERRA against the State of Missouri
Ethan Allen is still Rolling over in his Grave
More than 1000 Articles about USERRA and other Law that are Especially Pertinent to Reserve Component Members
2013 Law Reviews
Military Pension Division: The Warrant Officer and the Wingman
Interest Rate Reduction upon Mobilization
SCRA Rights to Terminate Apartment Lease
Reserve Component Opportunities for Individuals Leaving Active Duty Short of Retirement Eligibility
What Happens if I Fail to Report for Duty?
When Does the UCMJ Apply to Reservists?
Disability Benefits for Officers of the National Oceanic and Atmospheric Administration (NOAA) and the Public Health Service (PHS)
Predatory Lending: Service Members Get New Protections from some Loan Practices
DHS Clarifies Immigration Benefits for Family Members of Select Reserve and Veterans
Significant Development Regarding Differential Pay for Federal Employees Mobilized Under "Voluntary" Authority
CFPB Enforces Rules on Military Payday Loans
Why are Service Members Treated Differently?
The Physical Disability Board of Review for Medical Retirement Reevaluation
Counties and Other Political Subdivisions are not Immune - Western District of Virginia gets it Wrong
Where Am I to Vote?
Remove the "Race" Question from the FPCA Form
Is it Unlawful for my Civilian Employer to Contact the Commanding Officer of my National Guard Unit?
The Service Members Civil Relief Act Does Not Bar all Lawsuits Against Active Duty Service Members
I Think that my Employer Must Make both the Employer and the Employee Contributions to my Pension Plan
Credit for Military Time for Leave Accrual Purposes as a Federal Employee
DOL Must Comply with USERRA with respect to its own Employees if it is to be Effective with other Employers
Federal Agencies Must Train Supervisors on USERRA
OSC Effectiveness in Enforcing USERRA against Federal Agencies as Employers
Detroit Bankruptcy and USERRA
Important New USERRA Case in Fifth Circuit
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
How Much Must I Pay to Obtain State Pension Credit for my Year of Active Duty?
USERRA Pension Credit for Military Service Beyond Five Years
USERRA Pension Review
Does USERRA's Escalator Principle Apply to Defined Contribution Pension Plans?
Payment of $100,000 Death Gratuity During the Shutdown
Returning to Active Duty with VA Disability Rating
NYPD Violates USERRA Again
VA Benefits & National Personnel Records Center Fire
DOJ Files USERRA Lawsuit against Delaware Employer
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
ROA Access to Reserve Centers and other Military Installations
First Circuit Reemphasizes Broad Scope of the Escalator Principle
Sometimes DOL-VETS Is Not Totally Worthless
Buying Federal Civilian Retirement Credit for Reserve Service
Beware the Judgement-Proof Defendant
VA Fails to Clean Up Dirty and Dangerous Conditions at Hospital in Jackson, MS
USERRA Protects National Guard Service, Even if SCRA Does Not
Maintaining Domicile and Avoiding State Income Tax while on National Guard AGR Tour
Can I Keep my Texas Domicile while on a Three-Year AGR Tour in DC?
Reflections on the 12th Anniversary of our Generation's Date which Will Live in Infamy
Paid Military Leave for Military Retiree Who Returns to Active Duty
Applying for Reemployment is not Applying for Employment
Military Voting in 2013
Notice to your Civilian Employer before AGR Duty
Rand Corporation Study Reports Employer Ignorance on USERRA - Let them Call the Service Members Law Center
Pension Credit with State-Local Governments for Pre-1974 Military Service
Online Sources for Comprehensive Lists of State Benefits for Veterans
How to Compute One Year for Purposes of Section 4316(c) of USERRA
Special Protection against Discharge, Except for Cause, After Returning from Military Service
Licensing Hurdles for Service Members Unable to Keep Professional Certifications in Good Standing Due to Military Obligations
Revising USERRA to Include Non-Pecuniary Compensatory Damages as Remedies
Terminating a Lease Held Solely by a Servicemember Dependent
How Not To Treat a National Guard Member Who is Your Employee
Beware of the Tax Bump
How Do I Judge a USERRA Settlement Offer?
Forced to Quit Reserve to Obtain Loan to Buy Dental Practice
Air Force Recruit Has Right to Terminate Apartment Lease
Judge Advocate General of the Navy Has Authority To Enforce Professional Responsibility Rules on Civilian Lawyers Practicing in Navy Courts Martial
When Challenging Non-Selection for Promotion, You Must First Exhaust your Administrative Remedies
This Is Not your Father’s National Guard
Interesting MSPB Case on USERRA
What Is a “Title 38 Employee?”
You Must Track Your Five Year Limit
Another USERRA Case Headed for Supreme Court
Please Don't Supplant USERRA
Time off from Civilian Job To See Wife Return from Afghanistan—Good News from Maryland
Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
No. 13090 DOJ and NYPD Settle USERRA Class Action Lawsuit
Political Subdivisions of States Do Not Have 11th Amendment Immunity
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
Is Harassment a Cognizable Claim under USERRA—(Continued)
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
Federal Only or All Office Voting from Overseas?
Eleven California Counties Are Late in Sending Absentee Ballots for 2012 Primary
A Small Sacrifice Asked of the 99.25%
Reemployment Rights in Student Job on Campus
Military Power of Attorney: A Copy is Not
Just as Good as an Original
No. 1252 Contractual Statute of Limitations Under USERRA
USERRA and Public Sector Defined Benefit Pension Plans
USERRA Applies to Short and Long Period of Services
NY Court: Calculations for Military and Regular Leave Benefits Not the Same
DOJ Settles SCRA Case Against Norfolk Towing Company
Minnesota Passes Legislation on USERRA
Should We Tell the Employers Now or Wait?
Waiver of Rights Under SCRA
Senator Introduces Bill to Improve SCRA
Senator Introduces Bill to Improve USERRA
SCRA Forbids Non-Judicial Foreclosure During or Within Nine Months After Active Duty
Redistricting Litigation in Hawaii Threatens to Disenfranchise Military Voters
DOJ Sues Home Depot for Violating USERRA
No. 1239 Evans vs. MassMutual Financial Group
, Round 2
Why Can't I Retire From My Civilian Job While I am on Active Duty?
Military Voting Rights in Wisconsin
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?
Military Voting in Presidential Caucuses
City Employee Accused of Wrongdoing: Can He Be Fired while in Afghanistan?
Progress in Virginia on Military Voting
Is Income Replacement Insurance Covered by USERRA?
DOL Closing Case as "Without Merit" Does Not Bind Claimant
Beef Up Enforcement of the SCRA
TSP and USERRA
Another Case on State Sovereign Immunity under USERRA
The Servicemembers Civil Relief Act and Foreclosure
Judicial Remedy for VA Tardiness?
FMLA and USERRA
Back to Work: Timely application for reemployment is essential.
PTSD, USERRA, and the State of New Mexico
New Evidence of Discrimination against Recently Separated Veterans
Where Do Military Personnel and Family Members Vote?
Army Reserve Dentist Loses USERRA Case
Suing a State Government Employer under USERRA
Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
Garnishment of Military Pay
Federal Contractor Affirmative Action for Hiring Veterans
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?
Tax Records in USERRA Cases: How Both Parties May Obtain Each Other's Private Financial Records
Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
USERRA Prohibition Against Retaliation May Extend to Service Member’s Spouse Who Works for the Same Employer
Can We Fire Him for Going over the Five-Year Limit?
Furloughs and the Five-Year Limit
Federal and State laws may define ‘Veteran Status’ differently
The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
Supreme Court Reverses 7th Circuit in USERRA Case
Proposed Private Right of Action under UOCAVA
Double Serving Not Double Dipping
USERRA and Public Sector Pension Plans
Fourth Circuit Holds New SCRA Private Right of Action is Retroactive
Hawaii Legislature Enacts Legislation Protecting Military Parents in Child Custody Disputes
Debt Collectors’ Trade Association Acknowledges SCRA
No Age Limit on USERRA Protection
Student Loans Are Now Subject to SCRA 6% Interest Rate Cap
No. 1113 Revised
Military Voting in Chicago Mayoral Election
Fourth Circuit Reverses Summary Judgment for Employer
DOJ Settles USERRA Suit Against Titan Laboratories
USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
USERRA Does Not Protect Absence from Work To Attend DEP Meetings
MSPB Holds that Disparate Impact Discrimination Is Not a Cognizable Claim under USERRA
I Never Asked To Continue My Health Insurance When I Left the Job To Serve
Important New Case on USERRA Discrimination
Virginia-Please Don’t Disenfranchise Military Personnel in Primaries
The Federal Government Is Not Bound by Incorrect Advice
The MSPB Is Finally Catching On
USERRA’s Five-Year Limit Applies to Employer Relationship
Concessions on All Sides: Employers, as well as Reservists, must bear the brunt of the extended deployments and separation from work.
Law Review 1008 Reconsidered
Paid Military Leave for National Guard Technicians
Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
Prior Notice to Civilian Employer - Part 2
Prior Notice to Civilian Employer
Coverage for National Guard Members on State Duty
Great Victory for Military Voting Rights
*No. 1092 Military Ballots Crucial to Outcome of Texas Cliffhanger
Safeguarding Military Voting Rights: Progress Made and What Remains To Be Done
Federal Civilian Retirement Credit for Military Service
USERRA Most Definitely Applies to National Guard Members Performing Border Protection Duty
Privacy Act Applies to National Guard Even When Not Federalized
USERRA Forbids Discrimination in Initial Employment
Military Family Law Primer
Improve the SCRA: Progress Made and What Remains To Be Done
Congress Overrides State “Source Tax” Rules
Congress Beefs up the SCRA Enforcement Mechanism
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.
Congress Strengthens SCRA Provision on Terminating Cell Phone Contract upon Mobilization or Deployment
Congress Orders a New Demonstration Project on USERRA Enforcement
Congress Strengthens SCRA Provision on Terminating Lease of Premises or Vehicle upon Activation, Deployment, or PCS Orders
Don’t Sacrifice Military Personnel to “Paperwork Problems” in Foreclosures
Enhancing the Protections of USERRA: Progress Made, and What Remains To Be Accomplished
Congress Strengthens USERRA’s Protection against Discrimination
Congress Clarifies the Application of USERRA to Successors in Interest
New York, Illinois Fail to Deliver Absentee Ballots
A Small Price: Laws on the books protect the few who sacrifice for the many.
Military Absentee Voting in Maryland
Maryland Court of Appeals Case on Military Voting
DOJ Sues New York To Enfranchise Military Voters
No Wife, No Kids—Am I Eligible to Elect RC-SBP?
If I Choose the RC-SBP and then Die, When Does My Husband Get the Cash?
My Big Bank Will Be Taken Over by Bigger Bank
USERRA Overrides Federal Agency Rule on “Outside Employment”
Is the Stolen Valor Act Unconstitutional?
Suit Filed To Protect Military Voting Rights in Maryland
Motor Voter Law and Veterans
Voting by Disabled Veterans Residing at VA Facilities
What to Do When Your Absentee Ballot Is Late
DOD Action on MOVE Act Waiver Requests-Continued
Reimbursement for Lodging Expenses while on Active Duty
Vote Early and Vote Often
Special Delivery for Votes
Maryland Will Meet the 45-Day Standard, But Only for Federal Offices
DOD Acts on MOVE Act Waiver Requests
Don’t Do Your Reserve Work on Your Employer’s Time
Calling Yourself an Independent Contractor Does Not Make You One
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
Alabama Ordered To Comply with USERRA
USERRA Applies to Managerial and Executive Jobs
Injunctive Relief under USERRA
James B. Hurley’s Saga Continues
Proposed “Children of Fallen Warriors AMT Relief Act”
USERRA Damages Can Be Awarded for Lost Military Pay
National Guard and Reservists Debt Relief Act of 2008
Federal Agency Employer Cannot Make You Quit the Reserves
Does a Merger Reset My Five-Year Clock? No.
New Case on Successor in Interest under USERRA
USERRA Liability of the Successor in Interest
Don’t Use Your Employer’s Equipment to Complain about your Employer
Successor in Interest Continued
Proposed Legislation To Promote Hiring of Recent Veterans
USERRA and Veterans’ Preference Laws Apply to California Court System
Supreme Court Upholds Constitutionality of Special Treatment for Veterans' Organizations
The Definition of "Uniformed Services"
National Guard: Yes, Title 32 duty is covered by USERRA
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
DOJ Files and Settles on the Same Day, Again
Prior Notice to the Civilian Employer Need Not Be in Writing
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
DOJ Sues Company and Settles the Same Day
Special Protection against Discharge, Except for Cause
Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
Health Insurance Continuation During Service
Reinstatement of Health Insurance Coverage after Return from Military Service
USERRA Applies in Determining Career Overtime Average for Pension Purposes
The Civilian Employer Does Not Get a Veto
Progress on Bill Adding an Additional Exemption from the 5-Year Limit
The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
SCRA Applies to USPHS Officers
DLA Violates USERRA
Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
Escalator Principle Applies to Entire Period of Military-Related Absence
11th Amendment Does Not Bar Suit against a State by the United States
Absentee Ballots MUST Be Mailed 45 Days before Election
You Only Get One Chance To Make Your Case
An Instructive New USERRA Case from Ohio
Differential Pay for Federal Employees—Continued
Don’t Sign on the Dotted Line Until You Understand
Reserve Component Survivor Benefit Plan for Reservist Who Marries After Notification of Eligibility to Participate
Active Duty that Enables You to Receive Reserve Retirement before Your 60th Birthday
Prior Approval Required for Uniformed Services Retiree or Reservist to Work for a Foreign Government
Does the New Federal Law on Military Voting Apply to Special Elections?
Generous Employer Not Required to Remain Generous
*No. 1003 Differential Pay for Federal Employees
Voluntary v. Involuntary Service—Continued
New Executive Order on Employment of Veterans in the Federal Government
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