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Click a category below to access an index of articles pertaining to that subject. If you prefer, the original numerical index is also available at Law Review Numerical Index. *Certain law reviews that have been overtaken by events or superseded by later law reviews have been deleted from the library.
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1.0 USERRA Generally
*No. 29—I Am Being Recalled. What About My Civilian Job?
*No. 56—USERRA Review
*No. 77—I Am Being Demobilized. What About My Civilian Job?
No. 104—Everything You Always Wanted To Know About USERRA But Were Afraid To Ask
No. 105—USERRA: Frequently Asked Questions
No. 123—Opinion: Congress Should Amend USERRA
No. 127—Review of 2002-03 USERRA Cases
*No. 152—When It’s Over Over There, GI Joe Gets His Job Back
No. 164—Employers Required To Notify Employees Of USERRA Rights
No. 165—Help! I Lose Money When I Drill
No. 203—Is the Right to Reemployment Absolute?
No. 205—Recent USERRA Victory
*No. 0613—Summary of Law Review Articles on USERRA
No. 0702—What Are You Thinking?
No. 0702 Update What Are You Thinking?
No. 0711—ESGR Volunteer Recovers $100,000 for USERRA Claimant
*No. 0749—USERRA Primer
No. 0766—USERRA: A Primer: A Summary of Servicemembers’ Reemployment Rights under Federal Law (Replaced by No. 1281)
No. 0821—The Burden of Freedom: Recent USERRA Burdens on Employers Are Not Unconstitutional or Unprecedented
No. 1009 Don’t Sign on the Dotted Line Until You Understand
No. 1040 Don’t Use Your Employer’s Equipment to Complain about your Employer
No. 1077 Enhancing the Protections of USERRA: Progress Made, and What Remains To Be Accomplished
No. 1281 Your Rights Under USERRA (Replaces No. 0766)
1.1 USERRA Coverage
No. 0724 Does USERRA Have a Statute of Limitations?
No. 0724 Update Congress Enacts New Legislation Precluding Statutes of Limitation in USERRA Cases
No. 0725 Contractual Statute of Limitations Held to Apply to USERRA Case
No. 0725 Update Congress Enacts New Legislation Precluding Statutes of Limitation in USERRA Cases
No. 0813 Nonappropriate Argument: Despite its longtime contention, AAFES is not exempt from USERRA.
No. 0816 Enhanced Leave Entitlements for Family Caregivers of Wounded Warriors
No. 0824 USERRA and Statute of Limitations—Continued
No. 0824 Update Congress Enacts New Legislation Precluding Statutes of Limitation in USERRA Cases
No. 0836 USERRA Coverage for National Guard Technicians
No. 0837 USERRA Coverage for Individuals Performing National Guard AGR Duty
No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service
No. 0849 Unlawful to Fire Army Recruit
1.1.1.1 Hiring Halls and Joint Employers
No. 28—Applying USERRA to Multi-Employer Situations
No. 154—Joint Employment Doctrine Under USERRA
No. 174—USERRA Applies To Union Hiring Hall
No. 183—USERRA Applies To Hiring Hall Situations
No. 0706—Joint Employer Doctrine Revisited
No. 0712—USERRA Applies to Hiring Halls-Continued
No. 0953 Joint Employment Doctrine Under USERRA-Continued
No. 1023 Reinstatement of Health Insurance Coverage after Return from Military Service
No. 11111 Conflict Between National Guard Drill and Civilian Job
1.1.1.2 Small Employers
No. 0851 More Than Workers’ Comp: Employer’s USERRA obligation applies to Reservist injured on drill
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. 1097 Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
No. 1198 USERRA Protection for National Guard Members
No. 1272 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
1.1.1.3 Religious Institutions
No. 185—Does USERRA Apply To Religious Institutions?
No. 0859 The Ordinance and the Ordained: USERRA does not afford protection to clergy as it does to other employees
No. 0940 The Ordinance and the Ordained—Part Two
No. 1198 USERRA Protection for National Guard Members
No. 1206 Supreme Court Endorses the Ministerial Exception
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
1.1.1.4 Indian Tribes
No. 186—Does USERRA Apply To Indian Tribes As Employers?
No. 1198 USERRA Protection for National Guard Members
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
1.1.1.5 Employers Outside United States
No. 24—Enforcement of Reemployment Rights Outside the United States
No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy
No. 1006 Prior Approval Required for Uniformed Services Retiree or Reservist to Work for a Foreign Government
1.1.1.6 Foreign Employers in United States
No. 0715—Does USERRA Apply to Foreign Employers in the United States?
No. 1282 DOJ Gets Job Back for Mobilized Navy Reservist
1.1.1.7 State and Local Governments
No. 89—Enforcement of USERRA Against A State
No. 89c--Clarification
No. 0848 Enforcing USERRA against a State—Part 2
No. 0864 Another New Appellate Case Shows USERRA Has Teeth
No. 0902 Naval Reservist Wins USERRA Case Against San Diego Police Department
No. 0910 You Must Apply for Reemployment after You Leave Active Duty
No. 0912 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
No. 0912 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
No. 0918 DOJ Sues Alabama DMHMR
No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
No. 0931 DOJ Sues California Department of Corrections
No. 0936 Ethan Allen Is Rolling Over in his Grave
No. 1011 An Instructive New USERRA Case from Ohio
No. 1014 11th Amendment Does Not Bar Suit against a State by the United States
No. 1015 Escalator Principle Applies to Entire Period of Military-Related Absence
No. 1022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
No. 1029 You Can Sue a Political Subdivision Under USERRA
No. 1037 USERRA and Veterans’ Preference Laws Apply to California Court System
No. 1046 USERRA Damages Can Be Awarded for Lost Military Pay
No. 1051 Alabama Ordered To Comply with USERRA
No. 1119 USERRA and Public Sector Pension Plans
No. 1120 Double Serving Not Double Dipping
No. 1132 When may a Washington State government-employee veteran increase their score on a promotion exam?
No. 1140 Suing a State Government Employer under USERRA
No. 1144 PTSD, USERRA, and the State of New Mexico
No. 1149 Another Case on State Sovereign Immunity under USERRA
No. 1158 Letter to DOJ about USERRA Enforcement
No. 1175 The National Guard Must Be a Model Employer under USERRA
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 1195 USERRA and the State of New Mexico—Part 2
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
No. 1210 Working at Your Civilian Job Prior to Reporting for Active Duty
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment
No. 1217 You Must Apply for Reemployment- Part 3
No. 1224 Alternative Way to Enforce USERRA Against a State Government Employer
No. 1232 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
No. 1238 Why Can't I Retire From My Civilian Job While I am on Active Duty?
No. 1247 Minnesota Passes Legislation on USERRA
No. 1249 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1251 USERRA and Public Sector Defined Benefit Pension Plans
No. 1259 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
No. 1269 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1275 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
No. 1283 DOJ Files Class Action USERRA Lawsuit against NYC
1.1.1.8 Federal Government
No. 34—Applicability of USERRA to Legislative and Judicial Branches
No. 102—Does USERRA Apply to Non-Appropriated Fund Activities?
No. 108—Letter to Federal Agency Concerning USERRA Case Involving an Agency Employee
No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy
No. 167—Pension Rights of Federal Employees Returning From Military Service
No. 177—Does USERRA Apply to the Railroad Retirement System?
No. 189—Appellate Review of MSPB Decisions on USERRA
No. 0614—Trilogy of New Rulings Affects Federal Employees
No. 0637—Does USERRA Apply to TSA Screeners?
No. 0727—Federal Government Considered “Model Employer” Under USERRA
No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim
No. 0730—Are Schedule C Employees Protected by USERRA?
No. 0740—Federal Employees Protected from RIF During Military Service
No. 0752—Habit Forming: Federal Circuit Reverses MSPB Two More Times
No. 0755—The Federal Case: A Description of USERRA’s Enforcement Mechanisms for Complaints by Federal Government Employees
No. 0763—The Office of Personnel Management Has Specific Responsibilities under USERRA
No. 0813—Despite Its Longtime Contention, AAFES Is Not Exempt from USERRA
No. 0852 Intelligence Not Superior: USERRA applies to Intelligence agencies
No. 0855 Mobilized Reservist Should Not Miss Out on Promotion Opportunities
No. 0904 How to Prove a USERRA Discrimination Case—Continued
No. 0937 You Must Apply for Reemployment-Part 2
No. 0953 Joint Employment Doctrine Under USERRA-Continued
No. 0953 Update OSC Settles USERRA Case with DHS
No. 0963 You Must Apply for Reemployment - Part 3
No. 1012 You Only Get One Chance To Make Your Case
No. 1016 Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
No. 1017 DLA Violates USERRA
No. 1021 The Civilian Employer Does Not Get a Veto
*No. 1028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
No. 1044 Federal Agency Employer Cannot Make You Quit the Reserves
No. 1054 Don’t Do Your Reserve Work on Your Employer’s Time
No. 1066 USERRA Overrides Federal Agency Rule on “Outside Employment”
No. 1080 Congress Orders a New Demonstration Project on USERRA Enforcement
No. 1087 USERRA Forbids Discrimination in Initial Employment
No. 1103 The MSPB Is Finally Catching On
No. 1115 No Age Limit on USERRA Protection
No. 1126 Can We Fire Him for Going over the Five-Year Limit?
No. 1128 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
No. 1134 Protection against Discharge after Reemployment
No. 1150 TSP and USERRA
No. 1158 Letter to DOJ about USERRA Enforcement
No. 1161 Training Federal HR Personnel on USERRA
No. 1163 New Special Counsel Pledges Diligent USERRA Enforcement
No. 1180 It Is Not Your Responsibility to Find a Replacement
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 1220 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
No. 1223 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
No. 1235 OPM Director Announces Zero Tolerance for USERRA Violations
No. 1276 Presidential Memorandum Gives Uniformed Services Employment and Reemployment Rights Act (USERRA) Guidance to Federal Employers
No. 1286 TSA Screeners Now Finally Have Enforceable USERRA Rights
No. 1296 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
1.1.1.9 Successors in Interest
No. 79—Right To Reemployment With Successor in Interest to Pre-Service Employer
No. 0634—More on Successor in Interest
No. 0723—More on Successor in Interest
No. 0738—Successor in Interest-Continued
No. 0847 Proposed Servicemembers Access to Justice Act
No. 0847 Update: Proposed Servicemembers Access to Justice Act
No. 0863 USERRA Applies to Salespersons on Commission
No. 1016 Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
No. 1026 Special Protection against Discharge, Except for Cause
No. 1039 Successor in Interest Continued
No. 1041 USERRA Liability of the Successor in Interest
No. 1042 New Case on Successor in Interest under USERRA
No. 1043 Does a Merger Reset My Five-Year Clock? No.
No. 1067 My Big Bank Will Be Taken Over by Bigger Bank
No. 1075 Congress Clarifies the Application of USERRA to Successors in Interest
No. 1296 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
1.1.2.1 Part-Time, Temporary, Probationary and At-Will
No. 101—Does USERRA Apply to Temporary Positions?
No. 0616—Effect of State Employment at Will and Right to Work Law
No. 0609 Userra's Prohibition on Discrimination Applies Even to "Temporary" Positions of Employment
No. 0621—Does USERRA Apply to Probationary Jobs? Yes
No. 0730—Are Schedule C Employees Protected by USERRA?
No. 0804—USERRA Applies to Employment as Adjunct Professor
No. 0863 USERRA Applies to Salespersons on Commission
No. 0936 Ethan Allen Is Rolling Over in his Grave
No. 1134 Protection against Discharge after Reemployment
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment
No. 1254 Reemployment Rights in Student Job on Campus
No. 1289 Affirmative Defenses under USERRA
No. 1290 You only Need one Employee to Be an Employer for Purposes of USERRA
1.1.2.2 Independent Contractors and Partners
No. 99—Does USERRA Apply to Partnerships?
No. 192—Physician Regaining Hospital Privileges After Service
No. 0905 Do Life Insurance Salespersons Have USERRA Rights?
No. 1053 Calling Yourself an Independent Contractor Does Not Make You One
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
No. 1239 Evans vs. MassMutual Financial Group, Round 2
1.1.2.3 Employees Who Have Been Laid Off
No. 31—Reemployment Rights After Being Furloughed
No. 39—Possibility of Layoff Before or During Service
No. 0756—Laid Off and Called Up: Layoffs Still Employment Relationships Under USERRA, Other Factors May Keep You From Getting Your Job Back
No. 0911 Layoffs and the Special Protection Period
No. 1125 Furloughs and the Five-Year Limit
1.1.2.4 Students
*No. 32—Does USERRA Apply to Students?
*No. 187—Does USERRA Apply to Students?
*No. 0805—USERRA Does Not Apply To Students—Part 3
*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. 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. 1254 Reemployment Rights in Student Job on Campus
1.1.2.5 Executive Employees
No. 0704—The President of the Company Has Rights Under USERRA
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
1.1.3 Coverage of Kinds of Service
1.1.3.1 Voluntary Service
No. 30—Does USERRA Apply to Voluntary Service?
No. 161—Does USERRA Apply To Voluntary Service—Continued?
No. 0760—Second Careers: USERRA Applies To Retirees Voluntarily Returning to Active Duty
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. 1132 When may a Washington State government-employee veteran increase their score on a promotion exam?
No. 1167 Unfavorable 8th Circuit USERRA Case
No. 1254 Reemployment Rights in Student Job on Campus
1.1.3.2 Regular Military Service
No. 0719—Reemployment and Regulars: USERRA Applies to Recruitment of Older Individuals
To Meet Higher Active Duty End-Strength Authorities
No. 0760—USERRA Applies to Retirees Voluntarily Returning to Active Duty
No. 0849 Unlawful to Fire Army Recruit
No. 0904 How to Prove a USERRA Discrimination Case—Continued
No. 1102 USERRA’s Five-Year Limit Applies to Employer Relationship
No. 1146 FMLA and USERRA
No. 1167 Unfavorable 8th Circuit USERRA Case
No. 1185 USERRA and the National Football League
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 1254 Reemployment Rights in Student Job on Campus
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1272 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
1.1.3.3 National Guard Service
No. 45—USERRA and SSCRA Coverage for National Guard Members
No. 45-Note—USERRA/SSCRA
No. 0620—USERRA Coverage for National Guard Members Assisting in Border Control Efforts
No. 0911 Layoffs and the Special Protection Period
No. 1020 Progress on Bill Adding an Additional Exemption from the 5-Year Limit
No. 1034 National Guard: Yes, Title 32 duty is covered by USERRA
No. 1035 The Definition of "Uniformed Services"
No. 0837 USERRA Coverage for Individuals Performing National Guard AGR Duty
No. 1089 USERRA Most Definitely Applies to National Guard Members Performing Border Protection Duty
No. 1094 Coverage for National Guard Members on State Duty
No. 1096 Prior Notice to Civilian Employer - Part 2
No. 1131 Not Everything You Do for Your Reserve Component Is Protected by USERRA
No. 1175 The National Guard Must Be a Model Employer under USERRA
No. 1198 USERRA Protection for National Guard Members
No. 1199 Bill Introduced to Expand Exemptions from USERRA’s 5-Year Limit
No. 11103 Help! The Army Has Sent Me Home Early!
No. 11106 Progress on Exempting Certain National Guard Service From USERRA's Limit
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
No. 1247 Minnesota Passes Legislation on USERRA
1.1.3.4 PHS Service
No. 46—Coverage of PHS Commissioned Corps
No. 0963 You Must Apply for Reemployment - Part 3
1.1.3.5 NOAA Service
No. 52—USERRA Coverage for NOAA Corps
1.1.3.6 NDMS Service
No. 100—USERRA Coverage for Intermittent Disaster Response Appointees
1.1.3.7 Examination To Determine Fitness
No. 50--USERRA Coverage for Examination To Determine Fitness
No. 0934 Another Good Precedent on Reemployment Rights
1.1.3.8 Funeral Honors Duty
No. 51—USERRA Coverage for Funeral Honors Duty
1.1.3.9 Military Family Members
*No. 98—Does USERRA Apply to Spouses?
No. 1216 Department of Labor to Expand FMLA Rights for Military Families
1.1.3.10 Foreign Military Members
No. 0630—Do IDF Reservists Have Reemployment Rights Under USERRA?
1.2 USERRA—Discrimination Prohibited
No. 11—Discrimination Against Reservists
No. 35—Impending Service Results in Immediate Firing
No. 36—Activation Prevents Start of New Job
No. 64—Discrimination in Hiring
No. 122—May We Forbid Current Employees Permission To Join Reserves?
No. 128—New USERRA Case
No. 135—Employer Quotas Revisited
No. 150—Protection from Discrimination-Continued
No. 153—Make-Up Exam After Returning From Service
No. 162—Discrimination Against Recently Separated Veterans
No. 170—Missed Promotion Exam While Mobilized
No. 198—Asking Questions About Reserve Affiliation in Employment Application Forms
No. 205—Recent USERRA Victory
No. 0609—USERRA’s Discrimination Applies Even To “Temporary” Positions of Employment
No. 0610—Where Do I Go for USERRA Assistance?
No. 0631—Is Harassment a Cognizable Claim Under USERRA?
No. 0702—What Are You Thinking?
No. 0731—Another Recent Case on Burden of Proof in USERRA
No. 0739—Burden of Proof in Section 4311 Cases
No. 0746—USERRA Forbids Discrimination in Initial Hiring
No. 0750—Target Hit: National Guard Member Wins USERRA Case Plus Tort Damages Under State Law
No. 0753—A “Motivating Factor”: USERRA Case Reiterates That Military Duty Need Only Contribute To Termination Of Employment To Be A Violation Of Law
No. 0762—Airline Discourages Reserve Service With Contrary Paycheck, Insurance, and Leave Policies
No. 0765—Reservist Loses Job for Collecting Undeserved Benefits
No. 0807—Bonus Bust: Mobilization Deprives Soldier of Earned Bonus at Civilian Job
No. 0841 How NOT To Prove a Discrimination Case Under USERRA
No. 0849 Unlawful to Fire Army Recruit
No. 0855 Mobilized Reservist Should Not Miss Out on Promotion Opportunities
No. 0856 Unlawful for Airline To Deny You Free-Space-Available Travel to Your Drill—Right to Time Off for Travel to and from Your Drill Weekend
No. 0860 Harassment Is a Cognizable Claim under USERRA
No. 0902 Naval Reservist Wins USERRA Case Against San Diego Police Department
No. 0904 How to Prove a USERRA Discrimination Case—Continued
No. 0906 When Long Service Equals No Promotion You Don’t Need a Smoking Gun to Win a Section 4311 Case Under USERRA
No. 0909 Another New Case on USERRA Discrimination
No. 0912 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
No. 0912 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
No. 0922 Is Personal Animus Discrimination? A USERRA case may be headed to the Supreme Court.
No. 0926 Mobilized Reservists and the Chicago Fire Department
No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
No. 0936 Ethan Allen Is Rolling Over in his Grave
No. 0937 You Must Apply for Reemployment-Part 2
No. 0948 No Time Limit on Justice for the Returning Veteran—Part 2
No. 0952 Section 4311 of USERRA Is Not Limited to Reserve Components
No. 1004 Generous Employer Not Required to Remain Generous
No. 1011 An Instructive New USERRA Case from Ohio
No. 1012 You Only Get One Chance To Make Your Case
No. 1016 Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
No. 1017 DLA Violates USERRA
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. 1027 DOJ Sues Company and Settles the Same Day
No. 1026 Special Protection against Discharge, Except for Cause
No. 1031 DOJ Files and Settles on the Same Day, Again
*No. 1028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
No. 1038 Proposed Legislation To Promote Hiring of Recent Veterans
No. 1054 Don’t Do Your Reserve Work on Your Employer’s Time
No. 0746 USERRA Forbids Discrimination in Initial Hiring
No.106: Don't Try to Work at your Civilian Job While on Active Duty
No. 191 Sometimes David Does Beat Goliath
No. 1066 USERRA Overrides Federal Agency Rule on “Outside Employment”
No. 1067 My Big Bank Will Be Taken Over by Bigger Bank
No. 1076 Congress Strengthens USERRA’s Protection against Discrimination
No. 1087 USERRA Forbids Discrimination in Initial Employment
No. 1106 Important New Case on USERRA Discrimination
No. 1108 MSPB Holds that Disparate Impact Discrimination Is Not a Cognizable Claim under USERRA
No. 1109 USERRA Does Not Protect Absence from Work To Attend DEP Meetings
No. 1112 Fourth Circuit Reverses Summary Judgment for Employer
No. 1122 Supreme Court Reverses 7th Circuit in USERRA Case
No. 1126 Can We Fire Him for Going over the Five-Year Limit?
No. 1127 USERRA Prohibition Against Retaliation May Extend to Service Member’s Spouse Who Works for the Same Employer
No. 1128 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
No. 1130 Does USERRA Provide a Remedy for Employer Harassment?
No. 1134 Protection against Discharge after Reemployment
No. 1141 Army Reserve Dentist Loses USERRA Case
No. 1143 New Evidence of Discrimination against Recently Separated Veterans
No. 1168 USERRA Protects the Co-Worker Who Testifies or Provides Information in a USERRA Case
No. 1167 Unfavorable 8th Circuit USERRA Case
No. 1173 Another Great USERRA Appellate Case
No. 1175 The National Guard Must Be a Model Employer under USERRA
No. 1180 It Is Not Your Responsibility to Find a Replacement
No. 1182 Does USERRA Apply to Me?
No. 1189 Veterans Opportunity to Work Act of 2011
No. 1195 USERRA and the State of New Mexico—Part 2
No. 11102 Bunting v. Town of Ocean City Comes to a Conclusion
No. 11105 Unemployment Rate Among Young Veterans Rises Even While Overall Rate Drops
No. 11110 As Civilian Employer, Army Harasses and Abuses Disabled Veteran
No. 1210 Working at Your Civilian Job Prior to Reporting for Active Duty
No. 1211 Harassment as USERRA Violation
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment
No. 1220 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
No. 1223 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
No. 1233 Federal Arbitration Act Severely Limits Review of Arbitrator's Erroneous Ruling
No. 1234 Coast Guard Reservist Needs Drill Credit for Medical Appointment
No. 1240 DOJ Sues Home Depot for Violating USERRA
No. 1246 Should We Tell the Employers Now or Wait?
No. 1247 Minnesota Passes Legislation on USERRA
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1252 Contractual Statute of Limitations Under USERRA
No. 1267Is Harassment a Cognizable Claim under USERRA—(Continued)
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1275 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
No. 1278 Don’t Make Service Members Wait another 60 Years to Vote!
No. 1282 DOJ Gets Job Back for Mobilized Navy Reservist
No. 1296 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
1.3 USERRA—Reinstatement
No. 0833 Keep your employer informed about when to expect your return
*No. 1028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service.
1.3.1 Eligibility Criteria
No. 1173 Another Great USERRA Appellate Case
No. 1252 Contractual Statute of Limitations Under USERRA
1.3.1.1 Left Job for Service and Gave Prior Notice
No. 5—Notice to Your Civilian Employer
No. 63—Effect of Resignation
No. 84—Notice To Civilian Employer
No. 91—Notice & Documentation Requirements
No.117 Time Off from Work before Mobilization
No. 0811—Notice To Civilian Employer Not Requesting a Leave of Absence
No. 0812—Prior Notice To Employer Not Required To Predict Return To Job
No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service
No. 0840 My Mobilization Comes at a Terrible Time for my Employer
No. 0854 Legal Assistance for Wounded Warriors—USERRA Component
No. 0910 You Must Apply for Reemployment after You Leave Active Duty
No. 0939 Let’s Try To Limit the Burden on Your Employer
No. 0961 Your Civilian Job and USERRA: Beware of Gaps in Your Period of Service, And Maintain a Proper Balance of Military and Civilian Responsibilities
No. 0964 Held a Position of Employment
No. 0965 What is Service in the Uniformed Services?
No. 0966 Relationship between the Uniformed Service and the Absence from the Position of Employment
No. 0967 Prior Notice to Civilian Employer
No. 1021 The Civilian Employer Does Not Get a Veto
No. 1026 Special Protection against Discharge, Except for Cause
No. 1030 Prior Notice to the Civilian Employer Need Not Be in Writing
No. 1054 Don’t Do Your Reserve Work on Your Employer’s Time
No. 1066 USERRA Overrides Federal Agency Rule on “Outside Employment”
No. 1095 Prior Notice to Civilian Employer
No. 1096 Prior Notice to Civilian Employer - Part 2
No. 1109 USERRA Does Not Protect Absence from Work To Attend DEP Meetings
No. 1125 Furloughs and the Five-Year Limit
No. 1126 Can We Fire Him for Going over the Five-Year Limit?
No. 1180 It Is Not Your Responsibility to Find a Replacement
No. 1185 USERRA and the National Football League
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
No. 1207 Can I Sell My Holiday Time?
No. 1208 What Happens to My Stock Option Plan When I Get Mobilized?
No. 1210 Working at Your Civilian Job Prior to Reporting for Active Duty
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment
No. 1246 Should We Tell the Employers Now of Wait?
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1260 Service Academy Admissions Work NOT Protected By USERRA
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1272 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1278 Don’t Make Service Members Wait another 60 Years to Vote!
1.3.1.2 Character & Duration of Service
No. 6—Character and Duration of Service
No. 42—Progress on Exemptions to the Five-Year Limit
No. 190—Active Duty To Mitigate Damages Does Not Count Toward 5-Year Limit
No. 201—Have I Exceeded the Five-Year Limit?
No. 205—Recent USERRA Victory
No. 0642—Veterans’ Reemployment Rights, USERRA, and Time Limits
No. 0714—USERRA Still Applies in DoD’s Consecutive Call-up Policy
No. 0822—Time Management: Don’t Confuse the Five-Year Limit with the 90-day Deadline
No. 0825—Hard Cases Make Bad Law
No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service
No. 0854 Legal Assistance for Wounded Warriors—USERRA Component
No. 0864 Another New Appellate Case Shows USERRA Has Teeth
No. 0911 Layoffs and the Special Protection Period
No. 0924 Dot the I’s and Cross the T’s
No. 0937 You Must Apply for Reemployment-Part 2
No. 0968 The Five Year Limit
No. 0969 Only Really Serious Miscreants Lose Their Reemployment Rights for Misconduct During Service
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. 1033 What Is “Noncareer” Service?
No. 1043 Does a Merger Reset My Five-Year Clock? No.
No. 1054 Don’t Do Your Reserve Work on Your Employer’s Time
No. 1097 Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
No. 1098 Paid Military Leave for National Guard Technicians
No. 1101 Concessions on All Sides: Employers, as well as Reservists, must bear the brunt of the extended deployments and separation from work.
No. 1102 USERRA’s Five-Year Limit Applies to Employer Relationship
No. 1109USERRA Does Not Protect Absence from Work To Attend DEP Meetings
No. 1115 No Age Limit on USERRA Protection
No. 1119 USERRA and Public Sector Pension Plans
No. 1123 The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
No. 1125 Furloughs and the Five-Year Limit
No. 1126 Can We Fire Him for Going over the Five-Year Limit?
No. 1128 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
No. 1131 Not Everything You Do for Your Reserve Component Is Protected by USERRA
No. 1136 Five-Year-Limit Primer: Your job protection is up to you.
No. 1145 Back to Work: Timely application for reemployment is essential.
No. 1199 Bill Introduced to Expand Exemptions from USERRA’s 5-Year Limit
No. 11106 Progress on Exempting Certain National Guard Service From USERRA's Limit
No. 1208 What Happens to My Stock Option Plan When I Get Mobilized?
No. 1214 Air Force Progress on Exemptions to USERRA's Five-Year Limit
No. 1219 Computation of Civilian Pension Upon Returning to Work After Service
No. 1223 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
No. 1227 One More Exemption From USERRA's Five-Year Limit
No. 1230 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
No. 1234 Coast Guard Reservist Needs Drill Credit for Medical Appointment
No. 1247 Minnesota Passes Legislation on USERRA
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1252 Contractual Statute of Limitations Under USERRA
No. 1254 Reemployment Rights in Student Job on Campus
No. 1259 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1275 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
No. 1294 Who Gets To Decide that a Period of Service Is Exempt from the Five-Year Limit under USERRA?
1.3.1.3 Timely Application for Reemployment
No. 7—Deadline for Returning to Work
No. 60—Escalator Principle Applies to Entire Period of Military-Related Absence
No. 86—Does He Lose His Civilian Job For Failure To Use The Magic Words?
No. 91—Notice & Documentation Requirements
No. 156 Reporting Back to Work After Weekend Drills
No. 178—Bum Scoop Can Have Bad Consequences
No. 180—Returning To Work After Weekend Military Training
No. 0622—Don’t Apply for Reemployment Until You Are Ready to Return to Work
No. 0710—Applying for Reemployment-Continued
No. 0804—USERRA Applies to Employment as Adjunct Professor
No. 0822—Don’t Confuse the Five-Year Limit with the 90-day Deadline
No. 0831—Applying for Reemployment after Military Service
No. 0832—Wounded Warrior’s Rights: Reporting Back to Civilian Job
No. 0854 Legal Assistance for Wounded Warriors—USERRA Component
No. 0856 Unlawful for Airline To Deny You Free-Space-Available Travel to Your Drill—Right to Time Off for Travel to and from Your Drill Weekend
No. 0863 USERRA Applies to Salespersons on Commission
No. 0910 You Must Apply for Reemployment after You Leave Active Duty
No. 0924 Dot the I’s and Cross the T’s
No. 0937 You Must Apply for Reemployment-Part 2
No. 0961 Your Civilian Job and USERRA: Beware of Gaps in Your Period of Service, And Maintain a Proper Balance of Military and Civilian Responsibilities
No. 0963 You Must Apply for Reemployment - Part 3
No. 0970 Timely Application for Reemployment
No. 1015 Escalator Principle Applies to Entire Period of Military-Related Absence
No. 1022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
*No. 1028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
No. 1030 Prior Notice to the Civilian Employer Need Not Be in Writing
No. 1128 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
No. 1134 Protection against Discharge after Reemployment
No. 1139 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
No. 1145 Back to Work: Timely application for reemployment is essential.
No. 1194 Matthew King's Application for UCX Did Not Justify His Firing
No. 11101 Don’t Apply for Reemployment Until You Are Ready To Return to Work—Part 2
No. 11103 Help! The Army Has Sent Me Home Early!
No. 1217 You Must Apply for Reemployment- Part 3
No. 1238 Why Can't I Retire From My Civilian Job While I am on Active Duty?
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1254 Reemployment Rights in Student Job on Campus
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
1.3.1.4 Affirmative Defenses
No. 81—Is It Impossible Or Unreasonable To Reinstate Me?
No. 0857 You Cannot Waive Your Reemployment Rights Until You Return from Service
No. 0936 Ethan Allen Is Rolling Over in his Grave
No. 1110 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
No. 1263 Bill Introduced to Narrow One of USERRA's Affirmative Defenses
No. 1289 Affirmative Defenses under USERRA
No. 1290 You only Need one Employee to Be an Employer for Purposes of USERRA
1.3.2 Entitlements
No. 8—Entitlements of the Returning Veteran
No. 61—Not Necessary To Establish Discriminatory Intent Under Section 4312
No. 0701—No Telepathy Required
No. 0832—Wounded Warrior’s Rights: Reporting Back to Civilian Job
1.3.2.1 Prompt Reinstatement
No. 73—Immediate Reinstatement of Air National Guard Member Who Had Smallpox Vaccination
No. 95—Two Veterans Returning to the Same Position
No. 129—Right To Prompt Reinstatement Despite Temporary Disability
No. 0829—Replacement Employees
No. 0931 DOJ Sues California Department of Corrections
No. 0953 Joint Employment Doctrine Under USERRA-Continued
No. 1111 DOJ Settles USERRA Suit Against Titan Laboratories
No. 1139 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
No. 1173 Another Great USERRA Appellate Case
No. 11103 Help! The Army Has Sent Me Home Early!
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 1254 Reemployment Rights in Student Job on Campus
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
1.3.2.2 Continuous Accumulation of Seniority—Escalator Principle
No. 53—Retroactive Promotion for Recalled Reservist
No. 54—Uniformed Service Counts Toward FMLA Thresholds
No. 60—Escalator Principle Applies to Entire Period of Military-Related Absence
No. 191—Sometimes David Does Beat Goliath
No. 0740—Federal Employees Protected from RIF During Military Service
No. 0803—First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.
No. 0809—Second Supreme Court Case Relating To Reemployment Statute: Trailmobile Corp. v. Whirls
No. 0820—Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell
No. 0823—Fourth Supreme Court Case on Reemployment Statute: Oakley v. Louisville & Nashville Railroad Co.
No. 0827—Returning Veterans & NSPS: DoD’s National Security Personnel System generates USERRA complaints
No. 0828—Supreme Law: Fifth Supreme Court Case on Reemployment Statute: Ford Motor Co. v. Huffman
No. 0834 Sixth Supreme Court Case on Reemployment Statute Diehl v. Lehigh Valley Railroad Co., 348 U.S. 960 (1955)
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966)
No. 0863 USERRA Applies to Salespersons on Commission
No. 0907 12th Supreme Court Case Relating to Reemployment Statute Foster v. Dravo Corp., 420 U.S. 92 (1975)
No. 0926 Mobilized Reservists and the Chicago Fire Department
No. 0932 Furlough or Leave of Absence Clause Revisited
No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay?
No. 0949 Retroactive Seniority Adjustment to Your Civilian Seniority Date Based on Military Interruption of Your Civilian Career
No. 0954 Military Service Is Not "Just Like Maternity Leave"
No. 1014 11th Amendment Does Not Bar Suit against a State by the United States
No. 1015 Escalator Principle Applies to Entire Period of Military-Related Absence
No. 1025 Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
No. 1050 USERRA Applies to Managerial and Executive Jobs
No. 1067 My Big Bank Will Be Taken Over by Bigger Bank
No. 1141 Army Reserve Dentist Loses USERRA Case
No. 1157 How Do I Prove My “Escalator” Case?
No. 1173 Another Great USERRA Appellate Case
No. 1208 What Happens to My Stock Option Plan When I Get Mobilized?
No. 1228 USERRA and the FMLA
No. 1229 USERRA and the FMLA- Part II
No. 1252 Contractual Statute of Limitations Under USERRA
No. 1269 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
No. 1282 DOJ Gets Job Back for Mobilized Navy Reservist
1.3.2.3 Pension Credit for Service Time
No. 4—Pension Rights
No. 9—Pension Rights Continued
No. 40—Pension Rights Continued
No. 74—Pension Entitlements Under USERRA
No. 75—Pension Rights Revisited
No. 76—Making Up Missed Contributions to Pension Plan
No. 82—Pre-Tax Dollars for Make-Up Pension Contributions
No. 107—Pension Entitlements Apply To Training Duty
No. 119—State Law Cannot Limit Pension Credit
No. 138—Pension Credit for Military Service—Continued
No. 139—Pension Credit for Military Service
No. 167—Pension Rights of Federal Employees Returning From Military Service
No. 0607—How Does USERRA Apply to the Relationship Among Employers and Pension Plan Administrators?
No. 0703—USERRA’s Pension Rules Apply to Short-Term Military Periods
No. 0732—USERRA Applies to Deferred Compensation Plans
No. 0741—Am I Permitted To Make Up Missed Employee Contributions To My Pension Plan After Leaving The Employ Of The Pre-Service Employer?
No. 0757—Buy Back Time: Your Primer on the Civil Service Retirement System in Regards to Military Service
No. 0843 Important New Law for Military Families Affects Civilian Employers
No. 1022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
No. 1090 Federal Civilian Retirement Credit for Military Service
No. 1115 No Age Limit on USERRA Protection
No. 1119 USERRA and Public Sector Pension Plans
No. 1120 Double Serving Not Double Dipping
No. 1150 TSP and USERRA
No. 1217 You Must Apply for Reemployment- Part 3
No. 1219 Computation of Civilian Pension Upon Returning to Work After Service
No. 1230 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
No. 1238 Why Can't I Retire From My Civilian Job While I am on Active Duty?
No. 1251 USERRA and Public Sector Defined Benefit Pension Plans
No. 1259 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
No. 1261 DOJ Settles USERRA Suit Filed Against United Airlines
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1283 DOJ Files Class Action USERRA Lawsuit against NYC
1.3.2.4 Status of Returning Veteran
No. 79—Right To Reemployment With Successor in Interest To Pre-Service Employer and Status of Returning Veteran
No. 129—Status of the Returning Veteran
No. 134—Employers, Please Don’t Bother Them in Iraq
No. 0747—Russell v. Equal Employment Opportunity Commission
No. 0808—The Meaning in Shift: Daytime Work Is Part of the “Status” to Which the Returning Veteran Is Entitled
No. 0826—Hard Cases Make Bad Law-Part Two
No. 0829—USERRA Overrides the Interests of the Replacement Employee
No. 0863 USERRA Applies to Salespersons on Commission
No. 0962 Don't Chafe the Chaplain: Federal agency tells deployed employee it plans to keep his replacement rather than re-hire him
No. 1173 Another Great USERRA Appellate Case
1.3.2.5 Rate of Pay after Reinstatement
No. 113 Please Don’t Take Away My Pay Guarantee
No. 0827 NSPS and USERRA
No. 0863 USERRA Applies to Salespersons on Commission
No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay?
1.3.2.6 Health Insurance Reinstatement and Continuation
No. 10 Health Insurance
No. 69 Continuation of Health Insurance Coverage While Deployed
No. 85 Reinstatement of Health Insurance After Military Service
No. 118 Right To Reinstatement of Health Insurance After Service
No. 142 Reinstatement of Your Health Insurance Upon Re-employment
No. 176 Continuation of Civilian Health Insurance Coverage During Military Service
No. 0705 Health Insurance Coverage for Son of Employee
No. 0862 Recalled Reservist Tackles Health Flexible Saving Arrangement
No. 1024 Health Insurance Continuation During Service
No. 1023 Reinstatement of Health Insurance Coverage after Return from Military Service
No. 1107 I Never Asked To Continue My Health Insurance When I Left the Job To Serve
1.3.2.7 Adequate Rest Before and After Service
No. 70—Adequate Travel & Rest Time Before Reporting for Military Training
No. 70 Update—Adequate Travel & Rest Time Before Reporting for Military Training
No. 117—Time Off From Work Before Mobilization
No. 156—Reporting Back To Work After Weekend Drills
No. 0856 Unlawful for Airline To Deny You Free-Space-Available Travel to Your Drill—Right to Time Off for Travel to and from Your Drill Weekend
1.3.2.8 Training or Retraining
No. 1110 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
1.3.2.9 Accommodations for Disabled Veterans
No. 121—Reemployment of Disabled Veterans
No. 130—Right To Prompt Reinstatement Despite Temporary Disability
No. 136—More on Disabled Veterans
No. 155—Injured National Guard Technician
No. 168—Time Off From Work For Military Medical Treatment
No. 199—Rights of Returning Disabled Veterans-Continued
No. 0633—Limits on Rights of Disabled Veterans
No. 0640—Returning Disabled Veteran to Work: Employers’ Obligations under USERRA
No. 0832—Wounded Warrior’s Rights
No. 0851 More Than Workers’ Comp: Employer’s USERRA obligation applies to Reservist injured on drill
No. 0854 Legal Assistance for Wounded Warriors—USERRA Component
No. 0931 DOJ Sues California Department of Corrections
No. 1139 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
No. 1144 PTSD, USERRA, and the State of New Mexico
No. 1185 USERRA and the National Football League
No. 11110 As Civilian Employer, Army Harasses and Abuses Disabled Veteran
No. 1263 Bill Introduced to Narrow One of USERRA's Affirmative Defenses
No. 1289 Affirmative Defenses under USERRA
1.3.2.10 Furlough or Leave of Absence Clause
No. 41—USERRA Rights During Service
No. 58—Furlough or Leave of Absence Clause Revisited
No. 158—Military Leave of Absence When Mobilized
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966)
No. 0932 Furlough or Leave of Absence Clause Revisited
No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay?
No. 0954 Military Service Is Not "Just Like Maternity Leave"
No. 1004 Generous Employer Not Required to Remain Generous
No. 1207 Can I Sell My Holiday Time?
No. 1208 What Happens to My Stock Option Plan When I Get Mobilized?
1.3.2.11 Vacations, Holidays, and Days Off
No. 26—Use of Vacation for Military Service
No. 59—Vacation Benefits Under USERRA
No. 103—Do I Have To Work on my Day Off?
No. 140—Do I Have To Work on My Day Off—Part 2
No. 188—Vacation Benefits Under USERRA
No. 0720—Long Term Deployment and Vacation
No. 0903 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967)
No. 0907 12th Supreme Court Case Relating to Reemployment Statute Foster v. Dravo Corp., 420 U.S. 92 (1975)
No. 1207 Can I Sell My Holiday Time?
No. 1249 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
1.3.2.12 Special Protection Against Discharge, Except Cause
*No. 184—Protection From Discharge After Reemployment
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966)
No. 0909 Another New Case on USERRA Discrimination
No. 0911 Layoffs and the Special Protection Period
No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
No. 1026 Special Protection against Discharge, Except for Cause
No. 1110 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
No. 1134 Protection against Discharge after Reemployment
No. 1173 Another Great USERRA Appellate Case
No. 1194 Matthew King's Application for UCX Did Not Justify His Firing
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1252 Contractual Statute of Limitations Under USERRA
No. 1293 USERRA’s Protection against Post-Reemployment Firing
1.4 USERRA Enforcement
No. 12—Enforcement of USERRA Rights
No. 24—Enforcement of Reemployment Rights Outside the U.S.
No. 61—Not Necessary To Establish Discriminatory Intent Under Section 4312
No. 65—Letter to Department of Justice Regarding USERRA
No. 65 Clarification
No 65 Response—DoJ Response to ROA letter Regarding USERRA
No. 67—Enforcement of USERRA Against Executive Agencies
No. 89—Enforcing USERRA Against A State
No 89 Clarification
No. 93—USERRA Enforcement by OSC (Continued)
No. 108—Letter to Federal Agency Concerning USERRA Case Involving an Agency Employee
No. 115—Can the Employer Sue Me Under USERRA?
No. 148—Good News on USERRA Enforcement
No. 159—Waiving the Fee for Filing a USERRA Appeal
No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy
No. 172—USERRA Has Teeth
No. 189—Appellate Review of MSPB Decisions on USERRA
No. 197—Tutorial on USERRA Procedures
No. 200—Is Injunctive Relief Available in a USERRA Case?
No. 200 Update: Is Injunctive Relief Available in a USERRA Case?
No. 205—Recent USERRA Victory
No. 206—Computation of Damages in a USERRA Case
No. 0605—Demonstration Project on USERRA Enforcement Within the Federal Government
No. 0606—Can I Request DOJ Assistance After I Run out of Money To Pay My Lawyer?
No. 0611—Does USERRA Provide for Interest on Back Pay Awards?
No. 0614—Trilogy of New Rulings Affects Federal Employees
No. 0623—GAO Reports on USERRA Enforcement
No. 0632—I Want To Sue the Boss Personally
No. 0637—Does USERRA Apply to TSA Screeners?
No. 0706—Joint Employer Doctrine Revisited
No. 0707 KIA and USERRA: A claim can survive the death of the plaintiff
No. 0713—Willful USERRA Violation: Judge Determines Company’s Denial of Wrongdoing Is Not Credible
No. 0713 Update: Court of Appeals Affirms District Court decision
No. 0717—You Must Make an Effort To Mitigate Your Damages
No. 0722—Federal Circuit Reverses the MSPB, Again
No. 0726—MSPB Reversed, Yet Again
No. 0727—Federal Government Considered “Model Employer” Under USERRA
No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim
No. 0730—Are Schedule C Employees Protected by USERRA?
No. 0731—Another Recent Case on Burden of Proof in USERRA
No. 0733—City of Columbus Held Not Liable for Suicide of Returning Veteran
No. 0734—GAO Reports on USERRA Enforcement
No. 0737—Right to Trial by Jury under USERRA
No. 0745—Recent Ohio Supreme Court Case on USERRA Enforcement
No. 0747—Russell v. Equal Employment Opportunity Commission
No. 0750—Target Hit: National Guard Member Wins USERRA Case Plus Tort Damages Under State Law
No. 0752—Habit Forming: Federal Circuit Reverses MSPB Two More Times
No. 0753—A “Motivating Factor”: USERRA Case Reiterates That Military Duty Need Only Contribute To Termination Of Employment To Be A Violation Of Law
No. 0754—Firmer Teeth: Legislation Introduced to Enhance USERRA Enforcement
No. 0755—The Federal Case: A Description of USERRA’s Enforcement Mechanisms for Complaints by Federal Government Employees
No. 0761—Veterans' Preference Act requires a federal agency to waive maximum age rule.
No 0761 Update (July 2008)
No. 0763—The Office of Personnel Management Has Specific Responsibilities Under USERRA
No. 0810—Attempt To Expedite USERRA Enforcement Process
No. 0810 Update: Veterans’ Benefits Improvement Act of 2008
No. 0813—Despite Its Longtime Contention, AAFES Is NOT Exempt From USERRA
No. 0815—New Reporting Requirement for ESGR Cases
No. 0825—Hard Cases Make Bad Law
No. 0826—Hard Cases Make Bad Law-Continued
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
No. 0847 Proposed Servicemembers Access to Justice Act
No. 0847 Update: Proposed Servicemembers Access to Justice Act
No. 0848 Enforcing USERRA against a State—Part 2
No. 0849 Unlawful to Fire Army Recruit
No. 0852 Intelligence Not Superior: USERRA applies to Intelligence agencies
No. 0857 You Cannot Waive Your Reemployment Rights Until You Return from Service
No. 0858 Right to Jury Trial and Liquidated Damages Survives Death of the Unlawfully Fired Employee
No. 0860 Harassment Is a Cognizable Claim under USERRA
No. 0901 Non-Pecuniary Damages Available Under USERRA
No. 0901 Update Non-Pecuniary Damages Available Under USERRA
No. 0902 Naval Reservist Wins USERRA Case Against San Diego Police Department
No. 0904 How to Prove a USERRA Discrimination Case—Continued
No. 0906 When Long Service Equals No Promotion You Don’t Need a Smoking Gun to Win a Section 4311 Case Under USERRA
No. 0909 Another New Case on USERRA Discrimination
No. 0910 You Must Apply for Reemployment after You Leave Active Duty
No. 0912 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
No. 0912 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
No. 0918 DOJ Sues Alabama DMHMR
No. 0922 Is Personal Animus Discrimination? A USERRA case may be headed to the Supreme Court.
No. 0922 Update Supreme Court Agrees To Review Unfavorable 7th Circuit Case
No. 0930 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
No. 0931 DOJ Sues California Department of Corrections
No. 0934 Another Good Precedent on Reemployment Rights
No. 0936 Ethan Allen Is Rolling Over in his Grave
No. 0937 You Must Apply for Reemployment-Part 2
No. 0953 Joint Employment Doctrine Under USERRA-Continued
No. 0953 Update OSC Settles USERRA Case with DHS
No. 0956 Bugged: Be cautious about recording conversations with employers for use in USERRA cases
No. 0963 You Must Apply for Reemployment - Part 3
No. 1011 An Instructive New USERRA Case from Ohio
No. 1012 You Only Get One Chance To Make Your Case
No. 1014 11th Amendment Does Not Bar Suit against a State by the United States
No. 1015 Escalator Principle Applies to Entire Period of Military-Related Absence
No. 1017 DLA Violates USERRA
No. 1027 DOJ Sues Company and Settles the Same Day
No. 1026 Special Protection against Discharge, Except for Cause
No. 1031 DOJ Files and Settles on the Same Day, Again
*No. 1028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
No. 1029 You Can Sue a Political Subdivision Under USERRA
No. 1037 USERRA and Veterans’ Preference Laws Apply to California Court System
No. 1044 Federal Agency Employer Cannot Make You Quit the Reserves
No. 1046 USERRA Damages Can Be Awarded for Lost Military Pay
No. 1049 Injunctive Relief under USERRA
No. 1051 Alabama Ordered To Comply with USERRA
No. 1054 Don’t Do Your Reserve Work on Your Employer’s Time
No. 1066 USERRA Overrides Federal Agency Rule on “Outside Employment”
No. 1080 Congress Orders a New Demonstration Project on USERRA Enforcement
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. 1087 USERRA Forbids Discrimination in Initial Employment
No. 1103 The MSPB Is Finally Catching On
No. 1106 Important New Case on USERRA Discrimination
No. 1110 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
No. 1111 DOJ Settles USERRA Suit Against Titan Laboratories
No. 1112 Fourth Circuit Reverses Summary Judgment for Employer
No. 1119 USERRA and Public Sector Pension Plans
No. 1128 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
No. 1129 Tax Records in USERRA Cases: How Both Parties May Obtain Each Other's Private Financial Records
No. 1130 Does USERRA Provide a Remedy for Employer Harassment?
No. 1134 Protection against Discharge after Reemployment
No. 1140 Suing a State Government Employer under USERRA
No. 1144 PTSD, USERRA, and the State of New Mexico
No. 1149 Another Case on State Sovereign Immunity under USERRA
No. 1152 DOL Closing Case as "Without Merit" Does Not Bind Claimant
No. 1158 Letter to DOJ about USERRA Enforcement
No. 1168 USERRA Protects the Co-Worker Who Testifies or Provides Information in a USERRA Case
No. 1167 Unfavorable 8th Circuit USERRA Case
No. 1173 Another Great USERRA Appellate Case
No. 1174 Why Does a Case Take so Long?
No. 1175 The National Guard Must Be a Model Employer under USERRA
No. 1180 It Is Not Your Responsibility to Find a Replacement
No. 1181 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
No. 1182 Does USERRA Apply to Me?
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 1194 Matthew King's Application for UCX Did Not Justify His Firing
No. 1195 USERRA and the State of New Mexico—Part 2
No. 11102 Bunting v. Town of Ocean City Comes to a Conclusion
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 1208 What Happens to My Stock Option Plan When I Get Mobilized?
No. 1210 Working at Your Civilian Job Prior to Reporting for Active Duty
No. 1211 Harassment as USERRA Violation
No. 1220 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
No. 1224 Alternative Way to Enforce USERRA Against a State Government Employer
No. 1230 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
No. 1231 USERRA Plaintiff Does Not Have to Pay Filing Fee
No. 1232 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
No. 1233 Federal Arbitration Act Severely Limits Review of Arbitrator's Erroneous Ruling
No. 1235 OPM Director Announces Zero Toleration for USERRA Violations
No. 1236 ESGR Serving 40 Years and Counting
No. 1240 DOJ Sues Home Depot for Violating USERRA
No. 1243 Senator Introduces Bill to Improve USERRA
No. 1247 Minnesota Passes Legislation on USERRA
No. 1249 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1252 Contractual Statute of Limitations Under USERRA
No. 1255 A Small Sacrifice Asked of the 99.25%
No. 1261 DOJ Settles USERRA Suit Filed Against United Airlines
No. 1267Is Harassment a Cognizable Claim under USERRA—(Continued)
No. 1269 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1275 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
No. 1276 Presidential Memorandum Gives Uniformed Services Employment and Reemployment Rights Act (USERRA) Guidance to Federal Employers
No. 1278
Don’t Make Service Members Wait another 60 Years to Vote!
No. 1282 DOJ Gets Job Back for Mobilized Navy Reservist
No. 1283 DOJ Files Class Action USERRA Lawsuit against NYC
No. 1286 TSA Screeners Now Finally Have Enforceable USERRA Rights
No. 1296 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
1.5 USERRA Arbitration
No. 149—You Are Not Required To Arbitrate Your USERRA Complaint
No 149 Update
No. 0619—Mandatory Arbitration Mandate: Court Ruling Sets Back USERRA Enforcement
No. 0639—Mandatory Arbitration-Continued
No. 0847 Proposed Servicemembers Access to Justice Act
No. 0847 Update: Proposed Servicemembers Access to Justice Act
No. 1191 USERRA Claims Should Not Be Subject to Binding Arbitration Agreements
No. 1233 Federal Arbitration Act Severely Limits Review of Arbitrator's Erroneous Ruling
No. 1252 Contractual Statute of Limitations Under USERRA
1.6 USERRA Statute of Limitations
No. 0724—Does USERRA Have a Statute of Limitations?
No. 0724 Update- Legislation Precluding Statutes of Limitation in USERRA Cases
No. 0725—Contractual Statute of Limitations Held To Apply To USERRA Case
No. 0725 Update- Legislation Precluding Statutes of Limitation in USERRA Cases
No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim
No. 0824—USERRA and Statute of Limitations-Continued
No. 0824 Update- Legislation Precluding Statutes of Limitation in USERRA Cases
No. 0847 Proposed Servicemembers Access to Justice Act
No. 0847 Update: Proposed Servicemembers Access to Justice Act
No. 0925 No Time Limit on Justice for the Returning Veteran
No. 0948 No Time Limit on Justice for the Returning Veteran—Part 2
No. 1011 An Instructive New USERRA Case from Ohio
No. 1012 You Only Get One Chance To Make Your Case
No. 1181 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
No. 1252 Contractual Statute of Limitations Under USERRA
No. 1270 Civilian Pension Credit for Military Service Time before 1994
1.7 USERRA Regulations
*No. 120—Letter to Congress About USERRA Regulations
*No. 169—Where Oh Where Have The USERRA Regulations Gone?
No. 0604—Department of Labor’s New Regulations Give Reservists a Boost Under USERRA
No. 0931 DOJ Sues California Department of Corrections
No. 1021 The Civilian Employer Does Not Get a Veto
No. 1037 USERRA and Veterans’ Preference Laws Apply to California Court System
No. 1173 Another Great USERRA Appellate Case
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
No. 1207 Can I Sell My Holiday Time?
No. 1210 Working at Your Civilian Job Prior to Reporting for Active Duty
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1254 Reemployment Rights in Student Job on Campus
No. 1289 Affirmative Defenses under USERRA
No. 1290 You only Need one Employee to Be an Employer for Purposes of USERRA
1.8 USERRA—Relationship Between USERRA and other Laws/Policies
No. 18—USERRA and Employer Policies
No. 25—Use of Federal Government Equipment & Time for Unit Activities
No. 54—Uniformed Service Counts Toward FMLA Thresholds
*No. 80—USERRA and the FLSA
No. 90—Key Employee Program
No. 94—USERRA Overrides State Hiring Freeze
No. 106—Don’t Try To Work At Your Civilian Job While On Active Duty
No. 119—State Law Cannot Limit Pension Credit
No. 133—States Laws, USERRA, and a $10,000 Judgment
No. 157—Relationship Between Union Agreements And USERRA
No. 181—Key Employee Program Continued
No. 0748—Federal Law and New York Law Covering Non-Federal Public Employees in New York and Military Service
*No. 0765—Reservist Loses Job for Collecting Undeserved Benefits
No. 0803—First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.
No. 0820—Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell
No. 0843 Important New Law for Military Families Affects Civilian Employers
No. 0845 Law Gives Small Businesses Tax Credit on Differential Pay
No. 0857 You Cannot Waive Your Reemployment Rights Until You Return from Service
No. 0858 Right to Jury Trial and Liquidated Damages Survives Death of the Unlawfully Fired Employee
No. 0926 Mobilized Reservists and the Chicago Fire Department
No. 0933 Promotion and Pay Raise Delayed by Military Service--Am I Entitled to Back Pay?
No. 1004 Generous Employer Not Required to Remain Generous
No. 1015 Escalator Principle Applies to Entire Period of Military-Related Absence
No. 1022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
No. 1017 DLA Violates USERRA
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. 1024 Health Insurance Continuation During Service
No. 1023 Reinstatement of Health Insurance Coverage after Return from Military Service
No. 1025 Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
No. 1030 Prior Notice to the Civilian Employer Need Not Be in Writing
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. 1098 Paid Military Leave for National Guard Technicians
No. 1106 Important New Case on USERRA Discrimination
No. 1110 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
No. 1119 USERRA and Public Sector Pension Plans
No. 1123 The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
No. 1126 Can We Fire Him for Going over the Five-Year Limit?
No. 1130 Does USERRA Provide a Remedy for Employer Harassment?
No. 1132 When may a Washington State government-employee veteran increase their score on a promotion exam?
No. 1133 New York Court of Appeals Clarifies Protections for Military Members Under State Law
No. 1134 Protection against Discharge after Reemployment
No. 1137 Federal Contractor Affirmative Action for Hiring Veterans
No. 1144 PTSD, USERRA, and the State of New Mexico
No. 1146 FMLA and USERRA
No. 1149 Another Case on State Sovereign Immunity under USERRA
No. 1167 Unfavorable 8th Circuit USERRA Case
No. 1173 Another Great USERRA Appellate Case
No. 1175 The National Guard Must Be a Model Employer under USERRA
No. 1181 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 1189 Veterans Opportunity to Work Act of 2011
No. 1194 Matthew King's Application for UCX Did Not Justify His Firing
No. 1195 USERRA and the State of New Mexico—Part 2
No. 11110 As Civilian Employer, Army Harasses and Abuses Disabled Veteran
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 1201 Oklahoma Attorney Gets It Wrong on USERRA
No. 1211 Harassment as USERRA Violation
No. 1212 USERRA and the Fair Labor Standards Act
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment
No. 1224 Alternative Way to Enforce USERRA Against a State Government Employer
No. 1228 USERRA and the FMLA
No. 1229 USERRA and the FMLA- Part II
No. 1230 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
No. 1231 USERRA Plaintiff Does Not Have to Pay Filing Fee
No. 1232 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
No. 1233 Federal Arbitration Act Severely Limits Review of Arbitrator's Erroneous Ruling
No. 1234 Coast Guard Reservist Needs Drill Credit for Medical Appointment
No. 1235 OPM Director Announces Zero Tolerance for USERRA Violations
No. 1238 Why Can't I Retire From My Civilian Job While I am on Active Duty?
No. 1247 Minnesota Passes Legislation on USERRA
No. 1250 USERRA Applies to Short and Long Periods of Service
No. 1251 USERRA and Public Sector Defined Benefit Pension Plans
No. 1252 Contractual Statute of Limitations Under USERRA
No. 1254 Reemployment Rights in Student Job on Campus
No. 1255 A Small Sacrifice Asked of the 99.25%
No. 1259 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
No. 1261 DOJ Settles USERRA Suit Filed Against United Airlines
No. 1263 Bill Introduced to Narrow One of USERRA's Affirmative Defenses
No. 1264 UCX Payments for Unemployed Veterans
No. 1267Is Harassment a Cognizable Claim under USERRA—(Continued)
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1275 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
No. 1286 TSA Screeners Now Finally Have Enforceable USERRA Rights
No. 1290 You only Need one Employee to Be an Employer for Purposes of USERRA
1.10 Vacation Benefits
No. 0903 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967)
2.0 Paid Leave For Government Employees Who Are Reserve Component Members.
Under 5 U.S.C. 6323, Federal civilian employees who are members of the National Guard or Reserve receive 120 hours per fiscal year of paid military leave. Most states have similar laws for state and local government employees. The following articles discuss those laws.
No. 33 Paid Military Leave for Federal Employees. November 2001
No. 47 Good News from California. June 2002.
No. 62 Paid Military Leave for Federal Civilian Employees. December 2002
*No. 71 Paid Leave for Federal Employees Performing PHS Service. March-April 2003
No.126: Paid Military Leave for Federal Employees
*No. 141: Paid Military Leave for Federal Employees Continued (Correction 12/05/04)
No. 151 Federal Employees Who Took Military Leave before 2001 May Be Entitled to Compensation
No. 0614 Trilogy of New Rulings Affects Federal Employees
No. 0752 Habit Forming: Federal Circuit reverses MSPB two more times
No. 0835 Paid Military Leave for Federal Employees on Long-Term Military Duty
*No. 1003 Differential Pay for Federal Employees
No. 1010 Differential Pay for Federal Employees—Continued
No. 1098 Paid Military Leave for National Guard Technicians
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
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3.0 Reserve Retirement And Civilian Employment.
Section 12736 of title 10 (10 U.S.C. 12736) provides that it is unlawful to deny you civilian employment retirement credit for a period of military service on the grounds that you are receiving Reserve (age 60) retirement credit for the same period of service. This section and its implications are discussed in the following articles.
No. 2 Pension Credit for Military Service that Predates Civilian Employment. March 1998
No. 13 Pension Credit for Pre-Employment Military Service. June 2000
No. 15 Pension Credit for Military Service Continued. August 2000
*No. 16 Department Involvement in State Issues. September 2000
No. 21 State Retirement Credit for Military Service. Virginia Agrees with ROA’s Position. December 2000
No. 48 Retirement Benefits for Government Employees Who Are Reservists. July-August 2002
No. 57 State ‘No Double-Dipping’ Rules Violate Federal Law. November 2002
No. 138 Pension Credit for Military Service—Continued
No. 139: Pension Credit for Military Service
No. 167 Pension Rights of Federal Employees Returning from Military Service
No. 0607 How Does USERRA Apply To the Relationship Among Employers and Pension Plan Administrators?
No. 1007 Active Duty that Enables You to Receive Reserve Retirement before Your 60th Birthday
No. 1259 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
3.1 USERRA-Federal Employment
No. 0637 Does USERRA Apply To TSA Screeners?
No 1176 Active Duty Time Counts for Federal Civilian Leave Accrual Purposes, Part 2
4.0 Soldiers’ And Sailors’ Civil Relief Act (SSCRA) And The Servicemembers’ Civil Relief Act (SCRA)
The SSCRA confers many important rights upon military personnel, especially Reserve component personnel called to active duty. On 19 December 2003, President Bush signed the Servicemembers’ Civil Relief Act (SCRA), a comprehensive rewrite of the SSCRA. The SCRA continues the protections included in the SSCRA and adds several important new protections. The following articles deal with the SSCRA and SCRA.
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*No. 66 Letter to the Department of Justice About the SSCRA. March-April 2003.
No. 92 Going on the Offensive Using Section 590 of the SSCRA. October 2003.
No. 116 Servicemembers' Civil Relief Act
No. 191 Sometimes David Does Beat Goliath
No. 0947 Improve The Servicemembers Civil Relief Act
No. 1085 Improve the SCRA: Progress Made and What Remains To Be Done
No. 1245 Waiver of Rights Under SCRA
No. 1246 Should We Tell the Employers Now or Wait?
No. 1262 What is a "Frontiero Refrigerator?"
4.1 Right to Interest Rate Reduction upon Mobilization
No. 1 Cathey v. Bancorp South: David Beats Goliath in Federal Court. October 2001.
No. 45 USERRA and SSCRA Coverage for National Guard Members. June 2002
No. 112 Interest Rate Cap After Mobilization
*No. 0946 SCRA Does Not Protect You from Unreasonable Overdraft Fees
No. 1114 Student Loans Are Now Subject to SCRA 6% Interest Rate Cap
*No. 1116 Debt Collectors’ Trade Association Acknowledges SCRA
No. 1148 The Servicemembers Civil Relief Act and Foreclosure
4.2 Right to Terminate a Lease or Contract upon Mobilization
*No. 72 Right To Get out of a Lease. March-April 2003
No. 110 Terminating a Vehicle Lease Upon Mobilization
*No. 0641 Bill Introduced To Permit Recallees To Terminate Cell Phone Contracts
*No. 0641 UPDATE Termination or Suspension of Cell Phone Contracts When Deployed
*No. 0935 SCRA’s New Cell-Phone Contract Termination Provision: A Welcome Provision, But Limited in Scope
No. 0944 Get Out of Lease upon Mobilization
No. 1079 Congress Strengthens SCRA Provision on Terminating Lease of Premises or Vehicle upon Activation, Deployment, or PCS Orders
No. 1081 Congress Strengthens SCRA Provision on Terminating Cell Phone Contract upon Mobilization or Deployment
No. 1148 The Servicemembers Civil Relief Act and Foreclosure
No. 1268 Getting out of a Lease upon Deployment of Soldier
4.3 Right to Continuance and Protection Against Default Judgement
No. 78 Bankruptcy and the SSCRA. June 2003.
*No. 88 Right to Continuance of Administrative Hearing. July-August 2003.
No. 0617 SCRA Applies to Bankruptcy Proceedings
No. 0819 Congress Emphasizes that SCRA Applies to Child Custody Proceedings
No. 0839 SCRA Does Not Apply to Arbitration Proceedings, But It Should
No. 0951 What Happens to the Child When I Get Mobilized?
No. 1048 James B. Hurley’s Saga Continues
No. 1078 Don’t Sacrifice Military Personnel to “Paperwork Problems” in Foreclosures
No. 1116 Debt Collectors’ Trade Association Acknowledges SCRA
No. 1118 Fourth Circuit Holds New SCRA Private Right of Action is Retroactive
No. 1138 Garnishment of Military Pay
No. 1148 The Servicemembers Civil Relief Act and Foreclosure
No. 1187 DOJ Proposes SCRA Amendments
No. 1244 Senator Introduces Bill to Improve SCRA
No. 1292 Illegal Non-Judicial Foreclosure on Service Member’s House
4.4 Right to Reinstatement of Health Insurance Coverage upon Return from Mobilization
No. 118 Right to Reinstatement of Health Insurance after Service
No. 0945 Does “Health Insurance” Include Income Replacement Insurance?
4.5 Protection from State/Local Tax Authorities
No. 0917 Supreme Court Upholds Constitutionality of the SSCRA
No. 1018 SCRA Applies to USPHS Officers
No. 1142 Where Do Military Personnel and Family Members Vote?
No. 1179 SCRA Only Protects Your Military Income from State Income Tax
No. 1187 DOJ Proposes SCRA Amendments
No. 1280 Keep on Voting in New Hampshire, not Ohio
4.6 Eviction and Foreclosure Protection
No.111: Eviction Protection After Mobilization
No. 1242 SCRA Forbids Non-Judicial Foreclosure During or Withing Nine Months After Active Duty
No. 1248 DOJ Settles SCRA Case Against Norfolk Towing Company
No. 1292 Illegal Non-Judicial Foreclosure on Service Member’s House
4.7 Extension of Statutes of Limitations and Redemption Periods
No. 0908 The SSCRA Means What It Says, Supreme Court Holds
No. 0960 SCRA Tolls the Running of Statutes of Limitations
No. 1181 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
No. 1252 Contractual Statute of Limitations Under USERRA
4.8 Professional Malpractice Liability Insurance Suspension and Reinstatement
No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions
4.9 SCRA Enforcement
No. 0941 Does the SCRA Create a Private Right of Action?
No. 0942 Attorney Fees under the SCRA
No. 1048 James B. Hurley’s Saga Continues
No. 1083 Congress Beefs up the SCRA Enforcement Mechanism
No. 1118 Fourth Circuit Holds New SCRA Private Right of Action is Retroactive
No. 1148 The Servicemembers Civil Relief Act and Foreclosure
No. 1151 Beef Up Enforcement of the SCRA
No. 1187 DOJ Proposes SCRA Amendments
No. 1244 Senator Introduces Bill to Improve SCRA
No. 1245 Waiver of Rights Under SCRA
No. 1247 Minnesota Passes Legislation on USERRA
No. 1248 DOJ Settles SCRA Case Against Norfolk Towing Company
No. 1292 Illegal Non-Judicial Foreclosure on Service Member’s House
4.10 Protection against Discrimination Based on Exercise of SCRA Protections
No. 0943 Is it Unlawful To Deny a Loan Because of Reserve Component Membership?
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5.0 Military Service And Family Obligations
*No. 22 Division of Military Pension in Divorce. January-February 2001.
*No. 38 Mobilization and Family Support. December 2001.
No. 173 Prearranging Funerals and Excluding Relatives
No. 182 Forgotten Military Orphans: Legislative Proposals for Congress to Consider
No. 0635 Child Custody: SCRA can assist deployed servicemembers caught up in child custody cases, but be careful of misusing the law
*No. 0641 Bill Introduced To Permit Recallees To Terminate Cell Phone Contracts
*No. 0641 Update Termination or Suspension of Cell Phone Contracts When Deployed
No. 0816 Enhanced Leave Entitlements for Family Caregivers of Wounded Warriors
No. 0817 Now You Can Designate Beneficiaries for the Death Gratuity
No. 0819 Congress Emphasizes that SCRA Applies to Child Custody Proceedings
No. 0951 What Happens to the Child When I Get Mobilized?
No. 1008 Reserve Component Survivor Benefit Plan for Reservist Who Marries After Notification of Eligibility to Participate
No. 1068 If I Choose the RC-SBP and then Die, When Does My Husband Get the Cash?
No. 1069 No Wife, No Kids—Am I Eligible to Elect RC-SBP?
No. 1086 Military Family Law Primer
No. 1099 Law Review 1008 Reconsidered
No. 1117 Hawaii Legislature Enacts Legislation Protecting Military Parents in Child Custody Disputes
No. 1253 Military Power of Attorney: A Copy is Not Just as Good as an Original
No. 1284 Federal Court Finds DOD to Be “Arbitrary and Capricious” for Denying TRICARE Coverage for Autism Therapy
No. 1287 Dependents with Disabilities: Adult children can qualify for IDs and Tricare with proper documentation
6.0 Military Service and Tax Law
*No. 68 Tax Tips for the Military—2002. March-April 2003.
No. 82 Pre-Tax Dollars for Make-up Pension Contributions. July-August 2003.
No. 114 The Military Family tax Relief Act of 2003 and How It Affects You
No.124: Serving in a Combat Zone and Your Federal Income Taxes
No.132: Taxability of Employer Payments While You Are Mobilized
No. 137: Taxation of Employer Payments to Reservists and National Guard Members
*No. 160: 2004 Federal Tax Return Tips for Reserve and National Guard Members
No. 0845 Law Gives Small Businesses Tax Credit on Differential Pay
No. 0862 Recalled Reservist Tackles Health Flexible Saving Arrangement
No. 1084 Congress Overrides State “Source Tax” Rules
No. 1124 Federal and State laws may define ‘Veteran Status’ differently
No. 1129 Tax Records in USERRA Cases: How Both Parties May Obtain Each Other's Private Financial Records
7.0 Military Voting Rights
Military personnel sometimes have difficulty voting and having their ballots counted, especially when they are serving overseas. This subject is covered in the following articles.
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No. 3 Military Voting Rights. May 1998
No. 23 Military Voting Rights. March 2001
No. 43 Military Voting Rights. May 2002
No. 44 Military Voting Rights—Continued. May 2002
No. 49 Voting Rights Letter to State/Local Election Officials. July 2002
No. 55 Voting in Union Elections While Mobilized. October 2002
*No. 83 Military Voting Rights. July-August 2003
No. 96 Election Officials Respond to ROA Survey. November 2003
No. 97 New Letter to Election Officials. November 2003
No. 109 New Developments in Military Voting Rights
No. 143 Standby Federal Ballot if You Do Not Receive Your Regular Absentee Ballot
No. 144 Where Am I Supposed to Vote?
*No. 145 How Do I Find Information about Candidates and Officials in My Home State?
*No. 146 Interim Voting Assistance System
No. 179 Voting in NLRB Elections while Mobilized
No. 193 Election Officials Must Accept The FPCA
No. 194 Federal Law Overrides State “Not Earlier Than” Rules
No. 195 Congress Provides Standard Federal Oath for Military Voting
No. 196 Federal Write-in Absentee Ballot
No. 204 Domicile of Military Spouses for Voting and Taxation Purposes
No. 0601 (old 207) Vote, And Make Sure Your Vote Is Counted
No. 0602 Make Sure Your Vote Is Counted (For UOCAVA Voters)
No. 0603 Virginia Voter Registrar Unlawfully Challenges The Voter Registration Of Military Personnel And Spouses
No. 0618 Military Spouse Voting in Virginia—Problem Solved
No. 0709 Letter to Election Officials About Military Voting
No. 0759 Get In the Vote: GAO issues scathing report on voting woes for military members
No. 0950 Military Voting Rights in Virginia
No. 0950 Update Military Voting Rights in Virginia-Continued
No. 0955 Congress Enacts Important New Protections for Military and Overseas Voters
No. 0958 Military Voting—What About State Elections?
No. 0959 Congress Enacts New Provisions for Military Spouse Voting and Taxation
No. 1005 Does the New Federal Law on Military Voting Apply to Special Elections?
No. 1013 Absentee Ballots MUST Be Mailed 45 Days before Election
No. 1055 DOD Acts on MOVE Act Waiver Requests
No. 1056 Maryland Will Meet the 45-Day Standard, But Only for Federal Offices
No. 1064 Suit Filed To Protect Military Voting Rights in Maryland
No. 1070 DOJ Sues New York To Enfranchise Military Voters
No. 1071 Maryland Court of Appeals Case on Military Voting
No. 1072 Military Absentee Voting in Maryland
No. 1073 A Small Price: Laws on the books protect the few who sacrifice for the many.
No. 1074 New York, Illinois Fail to Deliver Absentee Ballots
No. 1091 Safeguarding Military Voting Rights: Progress Made and What Remains To Be Done
No. 1092 Military Ballots Crucial to Outcome of Texas Cliffhanger
No. 1093 Great Victory for Military Voting Rights
No. 1105 Virginia-Please Don’t Disenfranchise Military Personnel in Primaries
No. 1113 Revised Military Voting in Chicago Mayoral Election
No. 1121 Proposed Private Right of Action under UOCAVA
No. 1142 Where Do Military Personnel and Family Members Vote?
No. 1156 Military Voting in Presidential Caucuses
No. 1159 Military Voting—Progress in South Carolina
No. 1177 DOJ Proposes UOCAVA Amendments
No. 1179 SCRA Only Protects Your Military Income from State Income Tax
No. 1183 Military Voting in 2011 Elections
No. 1184 Military Voters Lose Out as States Race to Be First in Presidential Primaries
No. 1187 DOJ Proposes SCRA Amendments
No. 1192 Voting Victims: Antiquated Process Can Disenfranchise Service Members
No. 1193 Military Voting: One Step Forward, Two Steps Back
No. 11107 UOCAVA Protects Voting Rights of Overseas Americans
No. 11108 Tennessee Secretary of State Goes the Extra Mile for Military Voters
No. 11112 Why Can't the Military Voters All Register to Vote Here on Base?
No. 1202 Vote in 2012
No. 1203 Don't Let Redistricting Litigation Disenfranchise Military Voters
No. 1204 Politicking While on Active Duty? NO
No. 1205 Military Voting and Redistricting
No. 1209 Don't Let Ballot Access Litigation Disenfranchise Military Voters
No. 1213 Military Voting in Presidential Caucuses- Part II
No. 1218 Let's Put Some Teeth into Military Voting Law
No. 1225 Federal Court Order Protects Military Voting Rights in New York
No. 1226 Federal Court Orders Alabama to Extend Deadline for Receipt of Absentee Ballots
No. 1237 Military Voting Rights in Wisconsin
No. 1241 Redistricting Litigation in Hawaii Threatens to Disenfranchise Military Voters
No. 1256 Eleven California Counties Are Late in Sending Absentee Ballots for 2012 Primary
No. 1257 Federal Only or All Office Voting from Overseas?
No. 1258 Virginia- Don't Disenfranchise Service Members in the 2013 Gubernatorial Nomination
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1277 ROA Intervenes in Ohio Lawsuit to Protect Military Voting Rights
No. 1278 Don’t Make Service Members Wait another 60 Years to Vote!
No. 1279 Act Now to Vote in 2012No. 1280 Keep on Voting in New Hampshire, not Ohio
No. 1285 GOP Rules Require that Military Personnel Have a Reasonable Opportunity to Vote in the 2016 Presidential Nomination Process
No. 1288 More on Ohio Lawsuit regarding Early Voting
No. 1291 Please Contact your Local Election Official Today!
No. 1297 Federal Write-in Absentee Ballot
No. 1298 Now that You Are Retired from the Army, You Must Register To Vote in Virginia
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8.0 Veterans' Preference
No. 0761 Veterans' Preference Act requires a federal agency to waive maximum age rule
No. 0761 Update (July 2008)
No. 0801 Veterans Preference Supreme Court Case
No. 0850 Veterans’ Preference Act Enforcement
No. 0921 Federal Circuit Again Reverses the MSPB for Ignoring Rights of Veterans
No. 0957 Here are the eligibility standards for veterans earning special credits for federal civilian jobs
No. 0971 Federal Circuit Reverses the MSPB Yet Again - When Will They Ever Learn?
No. 1001 New Executive Order on Employment of Veterans in the Federal Government
No. 1002 Voluntary v. Involuntary Service—Continued
No. 1037 USERRA and Veterans’ Preference Laws Apply to California Court System
No. 1103 The MSPB Is Finally Catching On
No. 1137 Federal Contractor Affirmative Action for Hiring Veterans
No. 1218 Let's Put Some Teeth into Military Voting Rights
No. 1247 Minnesota Passes Legislation on USERRA
9.0 Miscellaneous
No. 14 Effect of Reserve Drill Pay on Unemployment Compensation. July 2000
*No. 16 Department Involvement in State Issues. September 2000
*No. 17 Summary of Published Articles. October 2000
No. 19 Promotion Board Consideration of Reserve Officers on Active Duty. December 2000
No. 20 Service Academy Appointments for Children of RC Members. December 2000
No. 27 The Military Whistleblower Protection Act. July 2001
No. 37 Elected Officials and Reserve Duty. December 2001.
No. 90 The ‘Key Employee’ Program. September 2003.
No.125: Legal Assistanceand it's Free
No.131: Criminal Prohibition on Salary Supplement for Reserve or Guard Personnel
No. 131 Update: Criminal Prohibition on Salary Supplement for Reserve or Guard Personnel
No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions
*No. 166 Barring Military Recruiters from College and University Campuses
No. 168 Time Off from Work for Military Medical Treatment
*No. 169 Where Oh Where Have the USERRA Regulations Gone?
No. 171 My Professional License Has Expired-Help!
No. 173 Prearranging Funerals and Excluding Relatives
No. 175 Mobilization Issues That Affect You And Your Employer
No. 177 Does USERRA Apply to the Railroad Retirement System?
No. 178 Bum Scoop Can Have Bad Consequences
No. 179 Voting in NLRB Elections while Mobilized
No. 181 Key Employee Program Continued
*No. 202 Illinois Leads the Way in Supporting Families of Mobilized Reservists
No. 0606 Can I Request DOJ Assistance After I Run Out Of Money To Pay My Lawyer?
No. 0608 I'm Not Dead Yet: If Social Security Says You're Dead, Get a Second Opinion
No. 0612 Supreme Court Gets It Right
No. 0615 Under UCMJ, right to free speech does not mean anything goes
No. 0638 Interest Rate Reduction to 6 Percent After Mobilization
No. 0708 Stolen Valor Act Signed into Law
No. 0721 Veterans’ Preference Act
No. 0742 Predatory Lending: Servicemembers get new protections from some loan practices.
No. 0743 Death Gratuity and the “Blended” Military Family
No. 0744 How the Death Gratuity Could Be Better Handled for Forgotten Military Orphans: Legislative Proposals for Congress to Consider
No. 0748 Federal Law and New York Law Governing Non-Federal Public Employees in New York and Military Service
No. 0749 USERRA Primer
No. 0751 Rules Change for Flying Flag at Half-Staff
No. 0757 Buy Back Time: Your primer on the Civil Service Retirement System in regards to military service
No. 0764 High School Recruiting: Military recruiters have access to secondary schools
No. 0802 Way Back Pay: Legislation addresses retroactive promotions for World War II Navy and Marine Corps POWs
No. 0802-Update
No. 0806 Taxation of Disability Retirement Payments
No. 0806-Update
No. 0814 Vets May Give a Military Salute Thanks to Benefits-Filled NDAA
No. 0818 My Professional License Has Expired-Part 2
No. 1045 National Guard and Reservists Debt Relief Act of 2008
No. 0625 Medals & Awards: An Act of Stolen Valor
No. 1065 Is the Stolen Valor Act Unconstitutional?
No. 1088 Privacy Act Applies to National Guard Even When Not Federalized
No. 1094 Coverage for National Guard Members on State Duty
No. 1104 The Federal Government Is Not Bound by Incorrect Advice
No. 1138 Garnishment of Military Pay
No. 1169 You Need To Look Out for Your Own Interests Regarding Your Reserve Retirement
No. 1186 Whistleblower Suit Against Big Banks
No. 1190 Veterans Opportunity to Work Act of 2011- part II
No. 1196 NOAA Corps and PHS Corps Officers Are Treated Unfairly by OPM
No. 1197 ROA Member Elected to Congress and Hits the Ground Running
No. 11100 Please Don't Forget the Reserves
No. 11104 Reserve and National Guard Personnel Who Die During a Drill Weekend
No. 11105 Unemployment Rate Among Young Veterans Rises Even While Overall Rate Drops
No. 11109 Taking a Federal Early-Out Incentive and Returning to Active Duty
No. 1221 Why Does a Case Take So Long- Part II
No. 1222 Congress Expands Work Opportunity Tax Credit for Hiring Qualified Veterans
No. 1253 Military Power of Attorney: A Copy is Not Just as Good as an Original
No. 1265 Are Illegal Immigrants Permitted to Enlist in the Armed Forces?
No. 1266 Honoring Whistleblowers
No. 1274 No Retirement Points for Midshipman Cruises
No. 1295 Lawsuits against DOD for Breach of Private Medical Information
10.1 Supreme Court Cases on Reemployment
No. 0803 First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.
No. 0809 Second Supreme Court Case Relating to Reemployment Statute: Trailmobile Corp. v. Whirls, 331 U.S. 40 (1947)
No. 0820 Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge
727 v. Campbell
No. 0823 Fourth Supreme Court Case Relating to Reemployment Statute Oakley v. Louisville & Nashville Railroad Co., 338 U.S. 278
No. 0828 Fifth Supreme Court Case on Reemployment Statute, Ford Motor Co. v. Huffman
No. 0834 Sixth Supreme Court Case on Reemployment Statute Diehl v. Lehigh Valley Railroad Co.
No. 0842 Seventh Supreme Court Case on Reemployment Statute McKinney v. Missouri-Kansas-Texas Railroad Co.
No. 0846 Eighth Supreme Court Case Relating to Reemployment Statute Tilton v. Missouri Pacific Railroad Co., 376 U.S. 169 (1964)
No. 0853 Ninth Supreme Court Case Relating to Reemployment Statute Brooks v. Missouri Pacific Railroad Co.. 376 U.S. 182 (1964)
No. 0861 10th Supreme Court Case Relating to Reemployment Statute Accardi v. Pennsylvania Railroad Co., 383 U.S. 225 (1966)
No. 0903 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967)
No. 0907 12th Supreme Court Case Relating to Reemployment Statute Foster v. Dravo Corp., 420 U.S. 92 (1975)
No. 0915 13th Supreme Court Case Relating to Reemployment Statute Alabama Power Co. v. Davis, 431 U.S. 581 (1977)
No. 0919 14th Supreme Court Case Relating to Reemployment Statute Coffy v. Republic Steel Corp.,447 U.S. 191 (1980)
No. 0923 15th Supreme Court Case Relating to Reemployment Statute Monroe v. Standard Oil Co. 452 U.S. 549 (1981)
No. 0929 16th Supreme Court Case Relating to Reemployment Statute King v. St. Vincent’s Hospital, 502 U.S. 215 (1991)
No. 1122 Supreme Court Reverses 7th Circuit in USERRA Case
10.2 Other Supreme Court Case
No. 0612 Supreme Court Gets It Right
No. 0801 Supreme Court holds that veterans' preference is not sex discrimination
No. 0830 Servicemembers Precluded from Tort Recovery for Personal Injury or Death Incident to Service
No. 0908 The SSCRA Means What It Says, Supreme Court Holds
No. 0917 Supreme Court Upholds Constitutionality of the SSCRA
No. 0928 Not So ‘Harmless Error’: Supreme Court decides against veteran in claim process case
No. 1036 Supreme Court Upholds Constitutionality of Special Treatment for Veterans' Organizations
No. 1104 The Federal Government Is Not Bound by Incorrect Advice
No. 1135 Military Extraterritorial Jurisdiction Act
No. 1160 Supreme Court decision draws line between rights and values
No. 1262 What is a "Frontiero Refrigerator?"