Click links above to access other sections
Click a category below to access an index of articles pertaining to that subject.

* Indicates certain law reviews that have been overtaken by events or superseded by later law reviews and have been
deleted from the library.

1.0 USERRA Generally

• *No. 029—I Am Being Recalled.  What About My Civilian Job?
• *No. 056—USERRA Review
• *No. 077—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. 07011—ESGR Volunteer Recovers $100,000 for USERRA Claimant
• *No. 07049—USERRA Primer
• No. 0766—USERRA:  A Primer: A Summary of Servicemembers’ Reemployment Rights under Federal Law (Replaced by No. 12081)
• No. 0821—The Burden of Freedom:  Recent USERRA Burdens on Employers Are Not Unconstitutional or Unprecedented
• No. 09029 16th Supreme Court Case Relating to Reemployment Statute King v. St. Vincent’s Hospital, 502 U.S. 215 (1991)
• No. 10009 Don’t Sign on the Dotted Line Until You Understand
• No. 10040 Don’t Use Your Employer’s Equipment to Complain about your Employer
• No. 10077 Enhancing the Protections of USERRA: Progress Made, and What Remains To Be Accomplished
• No. 12081 Your Rights Under USERRA (Replaces No. 0766)
• No. 12106 Don’t Give Employer Excuse to Fire You
• No. 13001 ROA Provides a Unique Service, Not Duplicating ESGR
• No. 13062 Employers—What Is Asked of You Is neither Unreasonable nor Unconstitutional
• No. 13072 Only the Dead Have Seen the End of War
• No. 13094 Please Don’t Supplant USERRA
• No. 13114 Rand Corporation Study Reports Employer Ignorance on USERRA – Let them Call the Service Members Law Center
• No. 13119 Reflections on the 12th Anniversary of our Generation’s Date which Will Live in Infamy
• No. 14043 Do Not Use Your Employer’s Computer to Complain About Your Employer
• No. 15067 The Reemployment Statute Turns 75
• No. 15089 Proposals to Improve USERRA
• No. 15116 New USERRA Primer
• No. 16004 Keep your Civilian Job Separate from your Reserve Component Assignment and Vice Versa
• No. 16044 The Definitive Reference Book on USERRA
• No. 17020 USERRA Information Available
• No. 17025 Don’t Expect the Employer To Help You Exercise your USERRA Rights
• No. 17027 Don’t Let USERRA’s Five-Year Limit Bite You
• No. 17041 PowerPoint Presentation on USERRA
• No. 17042 Reserve Components Are a Repository of Cyber and other Critical Skills
• No. 17055 Don’t Carp about “Burdens” that Military Personnel Impose on the Rest of us
• No. 17064 We Must Maintain Employer Support for Reserve Component Members
• No. 17066 NELA Advocates for USERRA Improvements
• No. 17068 The Definitive Reference on USERRA—2017 Edition
• No. 18062 USERRA Requires Employers To Post a USERRA Rights Notice
• No. 18066 America Will Be the Land of the Free only so long as it Remains the Home of the Brave
• No. 18080 Recent USERRA Case—Summary Judgment Denied
• No. 18079 Is the Federal Government a Single Employer for Purposes of USERRA’s Five-Year Limit?—I Have Reconsidered.
• No. 18078 Smith v. Tennessee National Guard—The Long Waste of Time Finally Comes to an End
• No. 18077 Can I Sue my State Government Employer for Violating my USERRA Rights?
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18075 New VA Secretary Needs To Crack down on Supervisors who Reprise against Whistleblowers
• No. 18074 DOJ Proposals To Improve USERRA
• No. 19014 Small Sacrifices from all Will Make the All-Volunteer Military Work
• No. 19102 The Definitive Reference on USERRA—2019 Edition
• No. 21006 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21035 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 22008 Presentation on USERRA Available on ROA Website
• No. 22044 Memorial Day 2022
• No. 23007 USERRA Extends Job Protections to FEMA Reservists
• No. 23025 ROA’s Law Review Articles Are a Resource for USERRA Attorneys.

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
• No. 13094 Please Don’t Supplant USERRA

1.1.1 Coverage of Employers

• No. 16020 USERRA Applies to Paid Internships

1.1.1.1 Hiring Halls and Joint Employers

• No. 028—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. 09053 Joint Employment Doctrine Under USERRA-Continued
• No. 10023 Reinstatement of Health Insurance Coverage after Return from Military Service
• No. 11111 Conflict Between National Guard Drill and Civilian Job
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
• No. 15080 New NLRB Decision Points the Way to Stronger USERRA Enforcement
• No. 16096 USERRA Overrides the Collective Bargaining Agreement
• No. 18021 Section 4303(4) of USERRA-Definition of “Employer”
• No. 21029 USERRA Applies to Hiring Halls
• No. 21030 Applying the Escalator Principle to the Hiring Hall
• No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
• No. 23005 Brigadier General Michael J. Silva Won an Important, Precedent-Setting USERRA Case in 2009 Preserving USERRA Rights for Dual Employees
• No. 23034 Yes, USERRA Applies to “Temporary” Jobs.

1.1.1.2 Small Employers

• No. 0851 More Than Workers’ Comp: Employer’s USERRA obligation applies to Reservist injured on drill
• No. 10019 The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
• No. 10097 Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
• No. 11098 USERRA Protection for National Guard Members
• No. 12072 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 13044 National Guard Bureau Chief Testifies about Need for Employer Support
• No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 14045 What is an Application for Reemployment?
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
• No. 15116 New USERRA Primer
• No. 17023 Pro Bono Attorney Does Great Job for USERRA Claimant
• No. 17093 Reemployment Rights of Texas National Guard Members on Duty for Hurricane Harvey
• No. 17127 USERRA Applies to Small Employers
• No. 18021 Section 4303(4) of USERRA-Definition of “Employer”
• No. 18054 You Have the Right to Reemployment even if that Means that another Employee Must Be Displaced
• No. 18080 Recent USERRA Case—Summary Judgment Denied
• No. 18079 Is the Federal Government a Single Employer for Purposes of USERRA’s Five-Year Limit?—I Have Reconsidered.
• No. 18078 Smith v. Tennessee National Guard—The Long Waste of Time Finally Comes to an End
• No. 18077 Can I Sue my State Government Employer for Violating my USERRA Rights?
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18075 New VA Secretary Needs To Crack down on Supervisors who Reprise against Whistleblowers
• No. 18074 DOJ Proposals To Improve USERRA
• No. 19033 USERRA Precludes Employer-Initiated Lawsuits
• No. 19104 Recent Favorable Appellate Court Decision on USERRA
• No. 21034 State Active Duty Performed by National Guard Members after 1/5/2021 Is now Protected by USERRA, under most Circumstances
• No. 21047 USERRA and the FMLA—Two Different Laws Enacted at Different Times, Applying to Different Situations.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
• No. 23008 USERRA Precludes Suits Initiated by Employers

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. 09040 The Ordinance and the Ordained—Part Two
• No. 11098 USERRA Protection for National Guard Members
• No. 12006 Supreme Court Endorses the Ministerial Exception
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15112 Which Employers Are Exempt from USERRA Enforcement?
• No. 15116 New USERRA Primer
• No. 17125 SCRA Coverage for National Guard Members on Title 32 Duty
• No. 19048 Applying USERRA to a Religious School Teacher
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?

1.1.1.4 Indian Tribes

• No. 186 Does USERRA Apply To Indian Tribes As Employers?
• No. 11098 USERRA Protection for National Guard Members
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 13029 Supreme Court Case Points Way to Effective Enforcement of USERRA against State Government Employers
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15111 Congress Should Amend USERRA To Provide for Enforcement against Indian Tribes as Employers
• No. 15116 New USERRA Primer
• No. 18021 Section 4303(4) of USERRA-Definition of “Employer”
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?

1.1.1.5 Employers Outside United States

• No. 024 Enforcement of Reemployment Rights Outside the United States
• No. 163 USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy
• No. 10006 Prior Approval Required for Uniformed Services Retiree or Reservist to Work for a Foreign Government
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15112 Which Employers Are Exempt from USERRA Enforcement?
• No. 15116 New USERRA Primer
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16069 USERRA Applies all over the World to American Corporations and Institutions
• No. 17029 USERRA Applies all over the World to the United States Government and other United States Employers
• No. 18021 Section 4303(4) of USERRA-Definition of “Employer”
• No. 18048 Section 4319 of USERRA-USERRA Applies all over the World to American Employers
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 21023 Neither the Fact that the Assignment Is OCONUS, Nor the “Temporary” Nature of the Assignment, Nor the Fact that the Contract Number Has Changed, Nor the Fact that the Job Has Been Filled Defeats your USERRA Rights.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?

1.1.1.6 Foreign Employers in United States

• No. 012 Enforcement of USERRA Rights
• No. 024 Enforcement of Reemployment Rights Outside the U.S.
• No. 061 Not Necessary To Establish Discriminatory Intent Under Section 4312
• No. 065 Letter to Department of Justice Regarding USERRA
• No. 065 Response DoJ Response to ROA letter Regarding USERRA
• No. 067 Enforcement of USERRA Against Executive Agencies
• No. 089 Enforcing USERRA Against A State
• No. 089 Clarification
• No. 093 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. 191 Sometimes David Does Beat Goliath
• 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. 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. 0758 Taking the Leap: Employer cover-up fools DOL, but not the jury
• No. 0761 Veterans’ Preference Act requires a federal agency to waive maximum age rule.
• No. 0763 The Office of Personnel Management Has Specific Responsibilities Under USERRA
• No. 0810 Attempt To Expedite USERRA Enforcement Process
• 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. 09001 Non-Pecuniary Damages Available Under USERRA
• No. 09001-Update Non-Pecuniary Damages Available Under USERRA
• No. 09002 Naval Reservist Wins USERRA Case Against San Diego Police Department
• No. 09004 How to Prove a USERRA Discrimination Case—Continued
• No. 09006 When Long Service Equals No Promotion You Don’t Need a Smoking Gun to Win a Section 4311 Case Under USERRA
• No. 09009 Another New Case on USERRA Discrimination
• No. 09010 You Must Apply for Reemployment after You Leave Active Duty
• No. 09012 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09012 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09018 DOJ Sues Alabama DMHMR
• No. 09022 Is Personal Animus Discrimination? A USERRA case may be headed to the Supreme Court.
• No. 09022-Update Supreme Court Agrees To Review Unfavorable 7th Circuit Case
• No. 09030 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
• No. 09031 DOJ Sues California Department of Corrections
• No. 09034 Another Good Precedent on Reemployment Rights
• No. 09036 Ethan Allen Is Rolling Over in his Grave
• No. 09037 You Must Apply for Reemployment-Part 2
• No. 09053 Joint Employment Doctrine Under USERRA-Continued
• No. 09053-Update OSC Settles USERRA Case with DHS
• No. 09056 Bugged: Be cautious about recording conversations with employers for use in USERRA cases
• No. 09063 You Must Apply for Reemployment – Part 3
• No. 10011 An Instructive New USERRA Case from Ohio
• No. 10012 You Only Get One Chance To Make Your Case
• No. 10014 11th Amendment Does Not Bar Suit against a State by the United States
• No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
• No. 10017 DLA Violates USERRA
• No. 10027 DOJ Sues Company and Settles the Same Day
• No. 10026 Special Protection against Discharge, Except for Cause
• No. 10031 DOJ Files and Settles on the Same Day, Again
• *No. 10028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
• No. 10029 You Can Sue a Political Subdivision Under USERRA
• No. 10037 USERRA and Veterans’ Preference Laws Apply to California Court System
• No. 10044 Federal Agency Employer Cannot Make You Quit the Reserves
• No. 10046 USERRA Damages Can Be Awarded for Lost Military Pay
• No. 10049 Injunctive Relief under USERRA
• No. 10051 Alabama Ordered To Comply with USERRA
• No. 10054 Don’t Do Your Reserve Work on Your Employer’s Time
• No. 10066 USERRA Overrides Federal Agency Rule on “Outside Employment”
• No. 10080 Congress Orders a New Demonstration Project on USERRA Enforcement
• No. 10082 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. 10087 USERRA Forbids Discrimination in Initial Employment
• No. 11003 The MSPB Is Finally Catching On
• No. 11006 Important New Case on USERRA Discrimination
• No. 11010 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
• No. 11011 DOJ Settles USERRA Suit Against Titan Laboratories
• No. 11012 Fourth Circuit Reverses Summary Judgment for Employer
• No. 11019 USERRA and Public Sector Pension Plans
• No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
• No. 11029 Tax Records in USERRA Cases: How Both Parties May Obtain Each Other’s Private Financial Records
• No. 11030 Does USERRA Provide a Remedy for Employer Harassment?
• No. 11034 Protection against Discharge after Reemployment
• No. 11040 Suing a State Government Employer under USERRA
• No. 11044 PTSD, USERRA, and the State of New Mexico
• No. 11049 Another Case on State Sovereign Immunity under USERRA
• No. 11052 DOL Closing Case as “Without Merit” Does Not Bind Claimant
• No. 11058 Letter to DOJ about USERRA Enforcement
• No. 11068 USERRA Protects the Co-Worker Who Testifies or Provides Information in a USERRA Case
• No. 11067 Unfavorable 8th Circuit USERRA Case
• No. 11073 Another Great USERRA Appellate Case
• No. 11074 Why Does a Case Take so Long?
• No. 11075 The National Guard Must Be a Model Employer under USERRA
• No. 11080 It Is Not Your Responsibility to Find a Replacement
• No. 11081 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
• No. 11082 Does USERRA Apply to Me?
• No. 11088 You Can Sue a City in Federal Court under USERRA
• No. 11094 Matthew King’s Application for UCX Did Not Justify His Firing
• No. 11095 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. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
• No. 12010 Working at Your Civilian Job Prior to Reporting for Active Duty
• No. 12011 Harassment as USERRA Violation
• No. 12020 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
• No. 12024 Alternative Way to Enforce USERRA Against a State Government Employer
• No. 12030 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
• No. 12031 USERRA Plaintiff Does Not Have to Pay Filing Fee
• No. 12032 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
• No. 12033 Federal Arbitration Act Severely Limits Review of Arbitrator’s Erroneous Ruling
• No. 12035 OPM Director Announces Zero Toleration for USERRA Violations
• No. 12036 ESGR Serving 40 Years and Counting
• No. 12040 DOJ Sues Home Depot for Violating USERRA
• No. 12043 Senator Introduces Bill to Improve USERRA
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12049 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12055 A Small Sacrifice Asked of the 99.25%
• No. 12061 DOJ Settles USERRA Suit Filed Against United Airlines
• No. 12067 Is Harassment a Cognizable Claim under USERRA—(Continued)
• No. 12069 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 12075 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
• No. 12076 Presidential Memorandum Gives Uniformed Services Employment and Reemployment Rights Act (USERRA) Guidance to Federal Employers
• No. 12082 DOJ Gets Job Back for Mobilized Navy Reservist
• No. 12083 DOJ Files Class Action USERRA Lawsuit against NYC
• No. 12086 TSA Screeners Now Finally Have Enforceable USERRA Rights
• No. 12096 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
• No. 12099 There’s a Hole in USERRA. Will States Fill it if Congress Won’t?
• No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
• No. 12103 Pension Credit for 1980s Military Service
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• No. 12109 USERRA Forbids Discrimination with respect to Retention in Employment
• 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. 12118 DOJ Sues NYC Internet Business for Violating USERRA
• No. 12119 USERRA Forbids Discrimination in Employment Based on Uniformed Service—Not Limited to Reserve Component Service
• No. 12120 Make the States Waive Sovereign Immunity Concerning USERRA Lawsuits or Lose Federal Funding—No, that Won’t Work
• No. 12122 Does USERRA Violate the 10th Amendment?
• 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. 13021 Sergeant Major Erickson’s Struggle against the United States Postal Service Continues
• No. 13022 The Escalator Can Descend as well as Ascend
• No. 13025 The Escalator and the Sequester
• No. 13027 ROA Files USERRA Amicus Brief in NM Appellate Court
• No. 13028 DOJ Files Amicus Brief in NM Court of Appeals
• No. 13029 Supreme Court Case Points Way to Effective Enforcement of USERRA against State Government Employers
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13032 A Great American Company Must Reemploy Great American Service Members
• No. 13035 Another New and Favorable USERRA Case
• No. 13036 Misconduct Leads to Mistrial
• No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
• No. 13042 ROA Member Files Two USERRA Lawsuits
• No. 13045 One Year of Back Pay Is not Enough
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13056 California University of Pennsylvania Sued for Violating USERRA
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13064 Be Always Ready To Sue and Don’t Sleep on your Rights
• No. 13066 Sometimes the Important Dog Is the One Who Does not Bark
• No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
• No. 13074 Once You File with DOL-Vets, You Are Stuck with Them for Awhile
• No. 13075 You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13075-Update2: You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13075-Update3: You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13076 Public Employee Promotion Exam while Mobilized
• No. 13077 The Escalator Can Descend
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13082 Escalator Principle Not Limited to Automatic Promotions—District of Puerto Rico Gets it Wrong
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
• No. 13090 DOJ and NYPD Settle USERRA Class Action Lawsuit
• No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
• No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
• No. 13094 Please Don’t Supplant USERRA
• No. 13095 Another USERRA Case Headed for Supreme Court
• No. 13097 What Is a “Title 38 Employee?”
• No. 13098 Interesting MSPB Case on USERRA
• No. 13099 This Is Not your Father’s National Guard
• No. 13104 How Do I Judge a USERRA Settlement Offer?
• No. 13106 How Not To Treat a National Guard Member Who is Your Employee
• No. 13108 Revising USERRA to Include Non-Pecuniary Compensatory Damages as Remedies
• No. 13110 Special Protection against Discharge, Except for Cause, After Returning from Military Service
• No. 13113 Pension Credit with State-Local Governments for Pre-1974 Military Service
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13124 Beware the Judgement-Proof Defendant
• No. 13126 Sometimes DOL-VETS Is Not Totally Worthless
• No. 13127 First Circuit Reemphasizes Broad Scope of the Escalator Principle
• No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
• No. 13145 Important New USERRA Case in Fifth Circuit
• No. 13147 OSC Effectiveness in Enforcing USERRA against Federal Agencies as Employers
• No. 13156 Counties and Other Political Subdivisions are not Immune – Western District of Virginia gets it Wrong
• No. 13160 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” Authority
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14016 Class Action USERRA Lawsuit against American Airlines Concerning Insufficient Pension Contributions for Pilots Returning to Work after extended Military Leave
• No. 14017 Statute of Limitations and the NYPD Class Action USERRA Laws
• No. 14028 I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14031 Veterans’ Preference for State Employees in Washington
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14037 A Political Subdivision is not a State for 11th Amendment Purposes
• No. 14036 Setback in Effort to Enforce USERRA against States as Employers
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14041 New Legislation in New Mexico for Service Members
• No. 14046 Marine Corps Reservist Sues Village of Skokie for Violating USERRA
• No. 14047 State and Local Government Employees Need Effective USERRA Protections
• No. 14049 USERRA and State Sovereign—Good News from Tennessee
• No. 14072 Don’t Quit your Job if you Want to Sue under USERRA
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15036 Time off from Work for Short Periods of National Guard Training
• No. 15041 Seniority for PHS Officers within the BOP Medical System
• No. 15050 Reemployment Rights as an ANG Technician
• No. 15054 You Must Apply for Reemployment—Part 6
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15057 Returning to Police Officer Job with PTSD
• No. 15062 Update on Angiuoni v. Town of Billerica
• No. 15063 New Favorable Case on Section 4311 of USERRA
• No. 15064 The MSPB Adjudicates Claims that Federal Executive Agencies Have Violated USERRA
• No. 15073 Recent Favorable USERRA Case from Massachusetts
• No. 15080 New NLRB Decision Points the Way to Stronger USERRA Enforcement
• No. 15086 Sixth Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15088 Does USERRA Provide for the Recovery of Nonpecuniary and Punitive Damages?
• No. 15089 Proposals to Improve USERRA No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15098 SSGT Baldo Bello’s USERRA Lawsuit against the Village of Skokie
• No. 15099 Under USERRA, the Employer Can Be Required To Pay the Prevailing Service Member’s Attorney Fees and Costs, but under no Circumstances Can the Service Member Be Required To Pay the Employer’s Fees and Costs
• No. 15101 Location Is an Aspect of Status
• No. 15103 Coast Guard Reservist Alleges USERRA Violations by Drug Enforcement Administration
• No. 15104 Navy Reservist Survives Employer’s Motion for Summary Judgment but then Loses Jury Trial
• No. 15105 Army Reservist Survives Summary Judgment in Section 4311 Case
• No. 15106 Section 4311 of USERRA
• No. 15107 Section 4311 of USERRA Protects Veterans as well as Currently Serving Reserve Component Members
• No. 15112 Which Employers Are Exempt from USERRA Enforcement?
• No. 16002 Interesting USERRA Discrimination Case
• No. 16003 Section 4311 of USERRA Protects HR Professionals who Oppose USERRA Violations
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16008 Bello v. Village of Skokie—Continued
• No. 16009 USERRA Rights of Wounded National Guard Technician
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16013 Recent Favorable Federal Circuit USERRA Decision
• No. 16014 Another Recent Federal Sector USERRA Victory
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16031 Sergeant Kelly Hance’s USERRA Saga Continues
• No. 16032 April 2016 Important New USERRA Pension Case
• No. 16033 Don’t Let the AFGE Override the USERRA Rights of PHS Officers Assigned to BOP
• No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
• No. 16035 USERRA Applies to Local Government
• No. 16047 Maryland Law Adds Two Critical Protections For Veterans
• No. 16050 DOJ Wins USERRA Case
• No. 16052 New Attempt to Preclude Forced Arbitration in USERRA Cases
• No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
• No. 16055 Department of the Army Flouts USERRA
• No. 16059 Discrimination, Harassment, Spoliation, and USERRA
• No. 16060 FedEx Violated USERRA in the Computation of a Bonus
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 16064 The Air Force Must Comply with USERRA
• No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
• No. 16074 A New Case on USERRA and Forced Arbitration
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 16095 USERRA, the SCRA, and Statutes of Limitation
• No. 16099 The Client Is Responsible for Court Costs as Incurred
• No. 16101 USERRA in the Virginia Supreme Court
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 16109 OSC Takes Action To Protect VA Whistleblower
• No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
• No. 16113 Reflections on 40 Years as a Lawyer
• No. 16115 DOJ Announces New Effort To Enforce USERRA and SCRA
• No. 16120 Amendments Proposed To Improve USERRA Enforcement
• No. 16122 My Employer Fired me when I Was on the way out the Door
• No. 16123 In a USERRA Case, the Veteran Plaintiff Cannot Be Required To Pay the Defendant’s Court Costs
• No. 16124 Bad News from Virginia on Enforcing USERRA against State Agencies as Employers
• No. 16126 Great New Third Circuit USERRA Precedent
• No. 17009 If you Are Claiming that the Firing Violates USERRA, you Can Appeal to the MSPB even if you Are a New Federal Employee
• No. 17010 USERRA Entitles You to Return to a Position of like Status
• No. 17013 Because of NDAA 2017, National Guard Technicians No Longer Receive Paid Military Leave under 5 U.S.C. 6323 while on AGR Duty
• No. 17016 Proving a Violation of Section 4311 of USERRA: A Case Study
• No. 17017 Case Study in Proving a Violation of Section 4311 of USERRA
• No. 17022 USERRA and the Tax Bump
• No. 17023 Pro Bono Attorney Does Great Job for USERRA Claimant
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17032 Enforcing USERRA against State Government Employers
• No. 17033 Can You Sue the State of Tennessee for Violating USERRA?
• No. 17035 USERRA Rights of Airline Pilot Injured while on Active Duty
• No. 17040 With only one Remaining Member, the MSPB is Constrained
• No. 17044 USERRA Precludes Employer-Initiated Lawsuits
• No. 17045 Who Is the Named Plaintiff in a USERRA Lawsuit Initiated by DOJ?
• No. 17047 Important New USERRA Case from the 6th Circuit
• No. 17048 Important New USERRA Case from the 6th Circuit—Part 2
• No. 17049 DC Government Is Treated as a State for USERRA Purposes
• No. 17052 The State of Washington Pays out $13 Million for Violating USERRA and Washington’s Veterans’ Preference Law
• No. 17054 USERRA and Arbitration—Good News from Nebraska
• No. 17056 USERRA Does Not Permit a Declaratory Judgment Suit Initiated by the Employer
• No. 17066 NELA Advocates for USERRA Improvements
• No. 17069 ROA Testifies in Favor of Bill To Preclude Binding Arbitration of USERRA Disputes
• No. 17071 ROA Members File Class Action Lawsuit against Southwest Airlines
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17074 Recent Case on Section 4311 of USERRA
• No. 17075 Recent 5th Circuit Case on Rights of Reservist after Returning from Drill Weekend
• No. 17076 USERRA and Federal Employees
• No. 17079 New Jersey’s Law against Discrimination Protects Service Members and Veterans
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17082 Differential Pay for Federal Employees Voluntarily on Active Duty as National Guard or Reserve Service Members
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 17086 Enforcing USERRA against a State Government Employer—Continued
• No. 17096 Location Is an Aspect of Status
• No. 17098 The No FEAR Act Does Not Apply to Discrimination against Reserve Component Service Members
• No. 17101 Relationship between USERRA and other Federal, State, and Local Laws and Ordinances
• No. 17106 Firing you Probably Violated USERRA
• No. 17107 Don’t File an EEO Complaint for a USERRA Violation
• No. 17109 Great New USERRA Victory in the 9th Circuit
• No. 17114 The MSPB Has Ground to a Halt
• No. 17115 Enforcing USERRA against a State—Good News from Texas
• No. 17116 Enforcing USERRA against the State of Minnesota
• No. 17117 The Territorial Government of the United States Virgin Islands Does Not Have Sovereign Immunity with respect to USERRA Lawsuits
• No. 18011 Section 4303(1) of USERRA , Definition of “Attorney General”
• No. 18013 Does USERRA Forbid Employer Harassment of Employees because of their Reserve Component Service? Congress Amends the Definition of “Benefit of Employment” To Clarify that the Answer Is Yes.
• No. 18014 Escalator Principle Applies to Army Physician
• No. 18015 Enforcing USERRA against a State Government Employer – Good News from California
• No. 18017 Mr. President-Please Make Appointments for the MSPB Vacancies
• No. 18118 If You Are Claiming a USERRA Violation, the MSPB Has Jurisdiction To Review Your Firing even if You Have Not Completed the Initial Year of Federal Employment
• No. 18019 Section 4303(3) of USERRA: “Employee” Defined
• No. 18025 OSC Acts To Enforce USERRA against the USPS
• No. 18027 The USPS Is a “Federal Executive Agency” for Purposes of USERRA
• No. 18031 I Think that I Am Entitled to Reemployment under State Law although I Will Be beyond USERRA’s Five-Year Limit
• No. 18039 You Don’t Have To Be a Perfect Soldier To Get your Job Back
• No. 18040 No Reemployment for Army Deserter
• No. 18042 Coast Guard Reservist Loses USERRA Case at MSPB and Federal Circuit
• No. 18045 Jones v. Marriott Revisited
• No. 18047 Sections 4314 and 4315 of USERRA-OPM’s Responsibilities under USERRA
• No. 18050 Does USERRA Have a Statute of Limitations?
• No. 18052 A Federal Agency Cannot Make You Quit the Reserves—Part 2
• No. 18055 You Must Track your own Five-Year Limit—Part 2
• No. 18058 Instructive New USERRA Case
• No. 18059 Beware of Asserting Inconsistent Claims—Part 2
• No. 18060 Employers who Violate USERRA Willfully Should Have To Pay a Substantial Penalty
• No. 18061 DOL-VETS Has Subpoena Power for USERRA Investigations
• No. 18064 Congress Amended USERRA To Put Deadlines on DOL, DOJ, and OSC
• No. 18065 DOL, DOJ, and OSC Required To Report on USERRA
• No. 18066 America Will Be the Land of the Free only so long as it Remains the Home of the Brave
• No. 18067 You Have a Duty To Mitigate your Damages
• No. 18068 Is it too Late To Sue Blockbuster?
• No. 18070 Can I Sue the Commonwealth of Kentucky For Violating my USERRA Rights?
• No. 18071 Is it Lawful for me To Record my Employer Ranting and Raving about his Hostility to my USAR Service?
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18077 Can I Sue my State Government Employer for Violating my USERRA Rights?
• No. 18078 Smith v. Tennessee National Guard—The Long Waste of Time Finally Comes to an End
• No. 18080 Recent USERRA Case—Summary Judgment Denied
• No. 18081 The Returning Veteran Who Meets the USERRA Conditions Is Entitled to Pay Raises that he or she Would Have Received with Reasonable Certainty, but for the Call to the Colors
• No. 18083 Another Interesting Recent USERRA Case
• No. 18084 Understand and then Insist upon your USERRA Right
• No. 18085 Medical Appointments for Service-Connected Disability Do Not Amount to “Service in the Uniformed Services” for Purposes of USERRA
• No. 18086 USERRA Does Not Require an Employer To Accommodate the Military Service of the Spouse of an Employee
• No. 18087 Reservist Wins USERRA Case against Gojet Airlines
• No. 18089 Navy Reservist Sues Employer for Violating USERRA and Survives Employer’s Motion for Summary Judgment
• No. 18090 Another Important New USERRA Case
• No. 18096 Logjam at MSPB Continues
• No. 18097 Am I Eligible for the Extra 22 Days of Paid Military Leave as a Federal Civilian Employee?
• No. 18101 Extra 22 Days of Paid Military Leave for RC Members on Active Duty in Support of Contingency Operations
• No. 18106 Make-up Promotion Exam for Reservist on Active Duty and away from his or her Police Officer Job
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 18113 Enforcing USERRA against a State Government Employer—Bad News from Texas
• No. 19003 In a Lawsuit, you Don’t Get a Mulligan
• No. 19015 Applying USERRA to the National Guard Technician
• No. 19026 New Lawsuit against Southwest Airlines for Violating USERRA
• No. 19029 Employer Must Make Prompt Payments to Employee’s Retirement Account after Employee Returns from Military Service
• No. 19033 USERRA Precludes Employer-Initiated Lawsuits
• No. 19034 Am I Required To Exhaust Remedies through the Union Agreement before I Sue my Employer For Violating USERRA? No
• No. 19035 Forced Arbitration of USERRA Disputes
• No. 19036 Forced Arbitration-I Regret that I Did Not Know then (1991) What I Know Now (2019)
• No. 19038 Actively Participating Reserve Component Members Sue L-3 Communications for Hiring Discrimination and Case Settles
• No. 19039 Congratulations to DOL and DOJ for Successfully Resolving a USERRA Violation by a Small Business in Virginia
• No. 19040 How Do I Get Free DOJ Representation for my USERRA Claim?
• No. 19041 Enforcing USERRA against a Federal Agency Employer
• No. 19044 New USERRA Class Action Lawsuit against American Airlines
• No. 19047 DOJ Sues the Warren County Board of Education again
• No. 19051 The Federal Circuit Reverses the MSPB yet again
• No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19075 You Can Have the Right to Reemployment in more than one Job
• No. 19080 Apply for Reemployment when you Return from Military Service although the Employer Purportedly Fired you on the way out the Door
• No. 19083 USERRA Is a Floor and not a Ceiling
• No. 19087 Do I Have To Work on my Day Off? Part Two
• No. 19088 Veterans Preference Under Washington Initiative 1000
• No. 19089 DOJ Sues Coahoma County Sheriff for Flouting USERRA
• No. 19090 Court Can Use its Equity Powers To Enforce USERRA
• No. 19091 Your County Government Employer Does Not Have Sovereign Immunity under the 11th Amendment of the U.S. Constitution
• No. 19092 Under USERRA, You Are Entitled to Imputed Earnings during The Time You Were Away from Work for Service
• No. 19093 USERRA Lawsuit against SWA Is Settled
• No. 19094 ROA Member Honored for Representing Service Members with USERRA Claims
• No. 19097 Important 2018 Supreme Court Case on SEC ALJs—What Does it Mean for MSPB AJs?
• No. 19098 Logjam at the MSPB—When Will it ever End?
• No. 19101 DOJ Sues Walmart for Violating USERRA
• No. 19103 Sorry, but I Don’t Have a Magic Wand
• No. 19104 Recent Favorable Appellate Court Decision on USERRA
• No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
• No. 19112 Another Favorable Appellate Case on Section 4311 of USERRA
• No. 20002 Favorable USERRA Decision by the 8th Circuit—Part 1
• No. 20004 Favorable USERRA Decision by the 8th Circuit—Part 3 The Army and the National Guard Should Help the Wounded Warrior To Secure his or her USERRA Rights
• No. 20005 Favorable USERRA Decision by the 8th Circuit—Part 3 The Judicial Estoppel Issue
• No. 20007 Important New USERRA Case—Part 1
• No. 20008 Important New USERRA Case—Part 2
• No. 20009 DOL-VETS Found in my Favor—Can my Attorney Get the DOL-VETS Report into Evidence?
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20031 Sergeant Major Erickson’s Long Struggle with the USPS May Be Finally Coming to an End
• No. 20032 Enforcement Procedure for Federal Employee USERRA Complaints
• No. 20042 EEOC Flouts USERRA
• No. 20049 USERRA Forbids Employer Harassment of Reserve Component Personnel
• No. 20050 Location Is an Aspect of Status
• No. 20052 Important New Case on the Furlough or Leave of Absence Clause
• No. 20059 The USPS and USERRA
• No. 20063 More on Successor in Interest and USERRA
• No. 21004 More on Successor in Interest and USERRA
• No. 21005 USERRA Does Not Provide for Punitive and Mental Anguish Damages
• No. 21006 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21013 There Need Not Be a Merger or Transfer of Assets for the New Employer To Be the Successor-in-Interest to the Old Employer
• No. 21015 New USERRA Lawsuit by Jayson Huntsman
• No. 21021 Veterans’ Preference in the Excepted Service
• No. 21023 Neither the Fact that the Assignment Is OCONUS, Nor the “Temporary” Nature of the Assignment, Nor the Fact that the Contract Number Has Changed, Nor the Fact that the Job Has Been Filled Defeats your USERRA Rights.
• No. 21024 Federal Employee Called to the Colors as RC Member Is Entitled to Continued Civilian Health Insurance Coverage for Free
• No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
• No. 21027 Employers and Supervisors: Saying “Thank You for Your Service” Is Not Enough.
• No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
• No. 21035 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21042 New York Law Includes a Provision for your Situation
• No. 21046 USERRA’s Furlough or Leave of Absence Clause Is Not Just for Airline Pilots.
• No. 21053 DOL-VETS and DOJ Do well for Army Reservist
• No. 21054 How Do I Get Free DOJ Representation for my USERRA Case?
• No. 21056 USERRA Protects Inactive Duty Training and Active  Duty for Training for Retirement Points Only
• No. 21064 DOJ Sues Guam for Violating USERRA
• No. 21068 Firing the City Manager Violated USERRA.
• No. 21070 It Is Unlawful for an Employer To Discriminate against those who Have Served in the Military regarding Civilian Pension Entitlements.
• No. 21077 Paid Military Leave for Federal Employees
• No. 21078 In Awarding Contracts for the Procurement of Goods or Services, the United States Department of Veterans Affairs Must Award the Contracts to Small Businesses Owned and Operated by Service-Connected Disabled Veterans under some Circumstances.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
• No. 22018 No Statute of Limitations Limits when you Can Initiate a USERRA Complaint.
• No. 22032 Improve the Performance of DOL-VETS in Enforcing USERRA.
• No. 22033 Computing Damages in a USERRA Case.
• No. 22037 Depriving You of Paid Military Leave under 5 U.S.C. § 6323 Violates USERRA.
• No. 22038 Good News: The MSPB Finally Has a Quorum.
• No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
• No. 22046 Good News from the Supreme Court about Enforcing USERA against State Government Employers
• No. 22047 Please Do Not Fire the National Guard Technician While He Is on Active Duty.
• No. 22048 Forced Arbitration of USERRA Disputes
• No. 22052 A Federal Employee Has only 45 Days To File an EEO Complaint, But That Deadline Does Not Apply to USERRA Complaints
• No. 22053 Joe Smith Has the Right to Reemployment at your Federal Agency, Despite his “Resignation” when he Left his Job to Enlist in the Army.
• No. 22057 National Guard Technicians Are Not Entitled To Receive Paid Military Leave under 5 U.S.C. § 6323(a)(1) when they Are on AGR Duty. They Are Entitled to Paid Military Leave when they Are on other forms of Military Duty.
• No. 22061 State Agencies Must Comply with USERRA.
• No. 22072 If You, as an Individual, Are Suing a State Agency for Violating USERRA, You Must File the Suit in State Court. If DOJ Is Suing on Your Behalf, the Case Will Be Filed in Federal Court.
• No. 23005 Brigadier General Michael J. Silva Won an Important, Precedent-Setting USERRA Case in 2009 Preserving USERRA Rights for Dual Employees
• No. 23008 USERRA Precludes Suits Initiated by Employers
• No. 23011 Enforcing USERRA against a Private Employer
• No. 23012 Enforcing USERRA against a Local Government
• No. 23013 Enforcing USERRA against a State University or other State Agency
• No. 23014 You Can Bring Closely Related State Law Claims along with your Federal USERRA Claim in your Federal Court Lawsuit
• No. 23024 Enforcing USERRA against a Federal Agency Employer
• No. 23026 We Are Now 3-0 in the Courts of Appeals on our Interpretation of USERRA’s Furlough or Leave of Absence Clause.
• No. 23027 What Is a Prohibited Personnel Practice (PPP)? My Federal Supervisor Has Willfully Violated USERRA. Is that a PPP?
• No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.
• No. 23030 The Wrong Way To Assert that your Employer Violated USERRA
• No. 23032 Recent USERRA Decision in the Northern District of Illinois
• No. 23034 Yes, USERRA Applies to “Temporary” Jobs.

1.1.1.7 State and Local Governments

• No. 089 Enforcement of USERRA Against A State
• No. 089 update Clarification
• No. 0848 Enforcing USERRA against a State—Part 2
• No. 0864 Another New Appellate Case Shows USERRA Has Teeth
• No. 09002 Naval Reservist Wins USERRA Case Against San Diego Police Department
• No. 09010 You Must Apply for Reemployment after You Leave Active Duty
• No. 09012 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09012 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09018 DOJ Sues Alabama DMHMR
• No. 09030 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
• No. 09031 DOJ Sues California Department of Corrections
• No. 09036 Ethan Allen Is Rolling Over in his Grave
• No. 10011 An Instructive New USERRA Case from Ohio
• No. 10014 11th Amendment Does Not Bar Suit against a State by the United States
• No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
• No. 10022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
• No. 10029 You Can Sue a Political Subdivision Under USERRA
• No. 10037 USERRA and Veterans’ Preference Laws Apply to California Court System
• No. 10046 USERRA Damages Can Be Awarded for Lost Military Pay
• No. 10051 Alabama Ordered To Comply with USERRA
• No. 11019 USERRA and Public Sector Pension Plans
• No. 11020 Double Serving Not Double Dipping
• No. 11032 When may a Washington State government-employee veteran increase their score on a promotion exam?
• No. 11040 Suing a State Government Employer under USERRA
• No. 11044 PTSD, USERRA, and the State of New Mexico
• No. 11049 Another Case on State Sovereign Immunity under USERRA
• No. 11058 Letter to DOJ about USERRA Enforcement
• No. 11075 The National Guard Must Be a Model Employer under USERRA
• No. 11088 You Can Sue a City in Federal Court under USERRA
• No. 11095 USERRA and the State of New Mexico—Part 2
• No. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 12010 Working at Your Civilian Job Prior to Reporting for Active Duty
• No. 12015 USERRA’s Special Protection Period Against Discharge Upon Reemployment
• No. 12017 You Must Apply for Reemployment- Part 3
• No. 12024 Alternative Way to Enforce USERRA Against a State Government Employer
• No. 12032 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
• No. 12038 Why Can’t I Retire From My Civilian Job While I am on Active Duty?
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12049 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12051 USERRA and Public Sector Defined Benefit Pension Plans
• No. 12059 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
• No. 12069 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12075 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
• No. 12083 DOJ Files Class Action USERRA Lawsuit against NYC
• No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
• No. 12103 Pension Credit for 1980s Military Service
• No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• No. 12109 USERRA Forbids Discrimination with respect to Retention in Employment
• No. 12115 Good News from Rhode Island on Enforcing USERRA against a State Agency as Employer
• No. 12112 I Need Time off from my Job to Travel to my Drill Weekend
• No. 12120 Make the States Waive Sovereign Immunity Concerning USERRA Lawsuits or Lose Federal Funding—No, that Won’t Work
• No. 12122 Does USERRA Violate the 10th Amendment?
• No. 13027 ROA Files USERRA Amicus Brief in NM Appellate Court
• No. 13028 DOJ Files Amicus Brief in NM Court of Appeals
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13042 ROA Member Files Two USERRA Lawsuits
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13056 California University of Pennsylvania Sued for Violating USERRA
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13064 Be Always Ready To Sue and Don’t Sleep on your Rights
• No. 13066 Sometimes the Important Dog Is the One Who Does not Bark
• No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
• No. 13074 Once You File with DOL-Vets, You Are Stuck with Them for Awhile
• No. 13075 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-Update2 You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13076 Public Employee Promotion Exam while Mobilized
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
• No. 13090 DOJ and NYPD Settle USERRA Class Action Lawsuit
• No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
• No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
• No. 13112 Online Sources for Comprehensive Lists of State Benefits for Veterans
• No. 13113 Pension Credit with State-Local Governments for Pre-1974 Military Service
• No. 13133 NYPD Violates USERRA Again
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 13145 Important New USERRA Case in Fifth Circuit
• No. 13151 I Think that my Employer Must Make both the Employer and the Employee Contributions to my Pension Plan
• No. 13153 Is it Unlawful for my Civilian Employer to Contact the Commanding Officer of my National Guard Unit?
• No. 13156 Counties and Other Political Subdivisions are not Immune – Western District of Virginia gets it Wrong
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14005 Abandonment Doctrine Rests on Slender Reed
• No. 14013 DD-214 Delay Could Delay Retirement from Civilian Career
• No. 14020 New Jersey Teachers Must be Credited for Military Service Time for Purposes of Layoffs and Recalls from Layoff
• No. 14019 New Jersey Teachers Receive Seniority Credit for Wartime Military Service, Even if it was before Start of Teaching Career
• No. 14022 Make-Up Contributions to Your Defined Contribution Pension Plan
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 14031 Veterans’ Preference for State Employees in Washington
• No. 14037 A Political Subdivision is not a State for 11th Amendment Purposes
• No. 14036 Setback in Effort to Enforce USERRA against States as Employers
• No. 14041 New Legislation in New Mexico for Service Members
• No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
• No. 14046 Marine Corps Reservist Sues Village of Skokie for Violating USERRA
• No. 14047 State and Local Government Employees Need Effective USERRA Protections
• No. 14049 USERRA and State Sovereign—Good News from Tennessee
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15036 Time off from Work for Short Periods of National Guard Training
• No. 15057 Returning to Police Officer Job with PTSD
• No. 15062 Update on Angiuoni v. Town of Billerica
• No. 15063 New Favorable Case on Section 4311 of USERRA
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15073 Recent Favorable USERRA Case from Massachusetts
• No. 15078 State Budget Crisis Does Not Excuse USERRA Violation
• No. 15081 You Must Leave Active Duty and Apply for Reemployment to Obtain Civilian Pension Credit for your Military Service Time
• No. 15082 You Must Stay within the Five-Year Limit To Obtain Civilian Pension Credit for Military Service Time
• No. 15086 Sixth Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15089 Proposals to Improve USERRA
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15098 SSGT Baldo Bello’s USERRA Lawsuit against the Village of Skokie
• No. 15112 Which Employers Are Exempt from USERRA Enforcement?
• No. 15116 New USERRA Primer
• No. 16008 Bello v. Village of Skokie—Continued
• No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
• No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
• No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
• No. 16035 USERRA Applies to Local Government
• No. 16059 Discrimination, Harassment, Spoliation, and USERRA
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16065 Right to Paid Military Leave Is a Matter of State Law, not USERRA
• No. 16099 The Client Is Responsible for Court Costs as Incurred
• No. 16101 USERRA in the Virginia Supreme Court
• No. 16120 Amendments Proposed To Improve USERRA Enforcement
• No. 16124 Bad News from Virginia on Enforcing USERRA against State Agencies as Employers
• No. 17032 Enforcing USERRA against State Government Employers
• No. 17033 Can You Sue the State of Tennessee for Violating USERRA?
• No. 17045 Who Is the Named Plaintiff in a USERRA Lawsuit Initiated by DOJ?
• No. 17049 DC Government Is Treated as a State for USERRA Purposes
• No. 17052 The State of Washington Pays out $13 Million for Violating USERRA and Washington’s Veterans’ Preference Law
• No. 17057 Police Department Must Give Reemployed Service Member the Opportunity To Take a Make-up Promotion Examination
• No. 17058 USERRA Rights of the Returning Disabled Veteran
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17074 Recent Case on Section 4311 of USERRA
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 17086 Enforcing USERRA against a State Government Employer—Continued
• No. 17087 The Civilian Employer Does Not Get a Veto
• No. 17090 Pension Credit for Military Service Time Is Not Limited to Five Years
• No. 17092 Applying Section 4318 of USERRA to the Situation of a Returning National Guard Member
• No. 17104 Being a Supervisor Is Part of the Status to which the Returning Veteran Is Entitled to under USERRA
• No. 17111 Yes, a Reservist Can Be Entitled to Veterans’ Preference
• No. 17115 Enforcing USERRA against a State—Good News from Texas
• No. 17116 Enforcing USERRA against the State of Minnesota
• No. 17117 The Territorial Government of the United States Virgin Islands Does Not Have Sovereign Immunity with respect to USERRA Lawsuits
• No. 18015 Enforcing USERRA against a State Government Employer – Good News from California
• No. 18021 Section 4303(4) of USERRA-Definition of “Employer”
• No. 18031 I Think that I Am Entitled to Reemployment under State Law although I Will Be beyond USERRA’s Five-Year Limit
• No. 18033 National Guard Technicians Are Precluded from Receiving Paid Military Leave while Performing “Active Guard and Reserve Duty” But Not while Performing Other Kinds of Military Service
• No. 18037 State and Local Government Pension Funds Are in Sad Shape
• No. 18039 You Don’t Have To Be a Perfect Soldier To Get your Job Back
• No. 18043 Your “Resignation” in 2014, when you Enlisted in the Army, Does Not Defeat your Right to Reemployment in 2018, When you Were Released from Active Duty
• No. 18070 Can I Sue the Commonwealth of Kentucky For Violating my USERRA Rights?
• No. 18077 Can I Sue my State Government Employer for Violating my USERRA Rights?
• No. 18078 Smith v. Tennessee National Guard—The Long Waste of Time Finally Comes to an End
• No. 18081 The Returning Veteran Who Meets the USERRA Conditions Is Entitled to Pay Raises that he or she Would Have Received with Reasonable Certainty, but for the Call to the Colors
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 18090 Another Important New USERRA Case
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 18106 Make-up Promotion Exam for Reservist on Active Duty and away from his or her Police Officer Job
• No. 18110 USERRA’s Escalator Can Descend as well as Ascend
• No. 18113 Enforcing USERRA against a State Government Employer—Bad News from Texas
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19015 Applying USERRA to the National Guard Technician
• No. 19045 Relationship between USERRA and State Law and Union Agreements
• No. 19049 National Guard Technicians Are Precluded from Receiving Paid Military Leave under Section 6323 of Title 5 When they Are on Active Guard & Reserve (AGR) Duty But not when they Are on other Forms of Active Duty
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19071 Mobilization Interrupts Start of New Job
• No. 19075 You Can Have the Right to Reemployment in more than one Job
• No. 19090 Court Can Use its Equity Powers To Enforce USERRA
• No. 19091 Your County Government Employer Does Not Have Sovereign Immunity under the 11th Amendment of the U.S. Constitution
• No. 19092 Under USERRA, You Are Entitled to Imputed Earnings during The Time You Were Away from Work for Service
• No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
• No. 19112 Another Favorable Appellate Case on Section 4311 of USERRA
• No. 20007 Important New USERRA Case—Part 1
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20030 Right to Paid and Unpaid Military Leave for State and Local Government Employees in Massachusetts
• No. 20040 You Have the Right to Time Off from your Civilian Job To Travel to Your Drill Weekend and To Arrive in a “Fit for Duty” Condition
• No. 20057 You Have the Right To Use Vacation Days or other Paid Time Off for Your Military Duty, without Regard to State Law, the Collective Bargaining Agreement, or the Employer’s Policy
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21009 Yes, You Can Double Dip
• No. 21044 I Was Injured while on Active Duty—What DoI Do Now?
• No. 21050 Am I Entitled to Paid Military Leave?
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member
• No. 21064 DOJ Sues Guam for Violating USERRA
• No. 21068 Firing the City Manager Violated USERRA.
• No. 21070 It Is Unlawful for an Employer To Discriminate against those who Have Served in the Military regarding Civilian Pension Entitlements.
• No. 21078 In Awarding Contracts for the Procurement of Goods or Services, the United States Department of Veterans Affairs Must Award the Contracts to Small Businesses Owned and Operated by Service-Connected Disabled Veterans under some Circumstances.
• No. 22036 Because Joe Smith Met the Five USERRA Conditions for his 2018-21 Active-Duty Period, You Must Give him Civilian Pension Credit for the Entire Period that he Was away from Work for Service.
• No. 22037 Depriving You of Paid Military Leave under 5 U.S.C. § 6323 Violates USERRA.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
• No. 22046 Good News from the Supreme Court about Enforcing USERA against State Government Employers
• No. 22047 Please Do Not Fire the National Guard Technician While He Is on Active Duty.
• No. 22061 State Agencies Must Comply with USERRA.
• No. 22072 If You, as an Individual, Are Suing a State Agency for Violating USERRA, You Must File the Suit in State Court. If DOJ Is Suing on Your Behalf, the Case Will Be Filed in Federal Court.
• No. 23010 Paid Military Leave for State Employees Is Usually a Matter of State Law, and the State Laws Vary Greatly
• No. 23012 Enforcing USERRA against a Local Government
• No. 23013 Enforcing USERRA against a State University or other State Agency
• No. 23014 You Can Bring Closely Related State Law Claims along with your Federal USERRA Claim in your Federal Court Lawsuit
• No. 23032 Recent USERRA Decision in the Northern District of Illinois

1.1.1.8 Federal Government

• No. 034 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. 191 Sometimes David Does Beat Goliath
• 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. 09004 How to Prove a USERRA Discrimination Case—Continued
• No. 09037 You Must Apply  for Reemployment-Part 2
• No. 09053 Joint Employment Doctrine Under USERRA-Continued
• No. 09053 Update OSC Settles USERRA Case with DHS
• No. 09063 You Must Apply for Reemployment – Part 3
• No. 10012 You Only Get One Chance To Make Your Case
• No. 10016 Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
• No. 10017 DLA Violates USERRA
• No. 10021 The Civilian Employer Does Not Get a Veto
• *No. 10028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
• No. 10044 Federal Agency Employer Cannot Make You Quit the Reserves
• No. 10054 Don’t Do Your Reserve Work on Your Employer’s Time
• No. 10066 USERRA Overrides Federal Agency Rule on “Outside Employment”
• No. 10080 Congress Orders a New Demonstration Project on USERRA Enforcement
• No. 10087 USERRA Forbids Discrimination in Initial Employment
• No. 11003 The MSPB Is Finally Catching On
• No. 11015 No Age Limit on USERRA Protection
• No. 11026 Can We Fire Him for Going over the Five-Year Limit?
• No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
• No. 11034 Protection against Discharge after Reemployment
• No. 11050 TSP and USERRA
• No. 11058 Letter to DOJ about USERRA Enforcement
• No. 11061 Training Federal HR Personnel on USERRA
• No. 11063 New Special Counsel Pledges Diligent USERRA Enforcement
• No. 11080 It Is Not Your Responsibility to Find a Replacement
• No. 11111 Conflict Between National Guard Drill and Civilian Job
• No. 12020 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
• No. 12023 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
• No. 12035 OPM Director Announces Zero Tolerance for USERRA Violations
• No. 12076 Presidential Memorandum Gives Uniformed Services Employment and Reemployment Rights Act (USERRA) Guidance to Federal Employers
• No. 12086 TSA Screeners Now Finally Have Enforceable USERRA Rights
• No. 12096 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
• No. 12114 USERRA Does Not Apply to PHS Selection of PHS Officers
• No. 13021 Sergeant Major Erickson’s Struggle against the United States Postal Service Continues
• No. 13025 The Escalator and the Sequester
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 13097 What Is a “Title 38 Employee?”
• No. 13098 Interesting MSPB Case on USERRA
• No. 13115 Notice to your Civilian Employer before AGR Duty
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13147 OSC Effectiveness in Enforcing USERRA against Federal Agencies as Employers
• No. 13148 Federal Agencies Must Train Supervisors on USERRA
• No. 13149 DOL Must Comply with USERRA with respect to its own Employees if it is to be Effective with other Employers
• No. 13160 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” Authority
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14005 Abandonment Doctrine Rests on Slender Reed
• No. 14028 I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 15050 Reemployment Rights as an ANG Technician
• No. 15056 What Is “Service in the Uniformed Services” for USERRA Purposes?
• No. 15064 The MSPB Adjudicates Claims that Federal Executive Agencies Have Violated USERRA
• No. 15080 New NLRB Decision Points the Way to Stronger USERRA Enforcement
• No. 15103 Coast Guard Reservist Alleges USERRA Violations by Drug Enforcement Administration
• No. 15112 Which Employers Are Exempt from USERRA Enforcement?
• No. 15116 New USERRA Primer
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16013 Recent Favorable Federal Circuit USERRA Decision
• No. 16014 Another Recent Federal Sector USERRA Victory
• No. 16021 Does USERRA Give me the Right to Time Off from my Civilian Job for an Interview about Reassignment to a new Guard Unit?
• No. 16036 It Is Illegal for the Air Force To Discriminate against an Air Force Reservist in Hiring for a Civilian Position
• No. 16055 Department of the Army Flouts USERRA
• No. 16064 The Air Force Must Comply with USERRA
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16093 Section 4312(e)(1)(A) Authorizes a Delay in your Application for Reemployment; It Does not Give you Two Years off from Work.
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 16116 New Federal Employee Should Make Deposit for Previous Active Duty
• No. 16121 When I Return to Work after Military Service, How Much Will I Have To Pay To Reinstate my FERS Retirement Account?
• No. 17009 If you Are Claiming that the Firing Violates USERRA, you Can Appeal to the MSPB even if you Are a New Federal Employee
• No. 17024 Don’t Apply for Reemployment until you Are Ready To Return to Work
• No. 17028 Federal Employee Is Exempted from the Descending Escalator
• No. 17029 USERRA Applies all over the World to the United States Government and other United States Employers
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17076 USERRA and Federal Employees
• No. 17077 USERRA Rights of the Returning Veteran Trump the Rights of the Incumbent
• No. 17097 The Escalator Does Not Always Ascend
• No. 17098 The No FEAR Act Does Not Apply to Discrimination against Reserve Component Service Members
• No. 17107 Don’t File an EEO Complaint for a USERRA Violation
• No. 17114 The MSPB Has Ground to a Halt
• No. 18014 Escalator Principle Applies to Army Physician
• No. 18018 If You Are Claiming a USERRA Violation, the MSPB Has Jurisdiction To Review Your Firing even if You Have Not Completed the Initial Year of Federal Employment
• No. 18025 OSC Acts To Enforce USERRA against the USPS
• No. 18027 The USPS Is a “Federal Executive Agency” for Purposes of USERRA
• No. 18030 Great New Federal Circuit Case about Paid Military Leave for Federal Employees
• No. 18038 You Must Use Your 22 Extra Days of Paid Military Leave During your Period of Contingency Active Duty
• No. 18042 Coast Guard Reservist Loses USERRA Case at MSPB and Federal Circuit
• No. 18047 Sections 4314 and 4315 of USERRA-OPM’s Responsibilities under USERRA
• No. 18052 A Federal Agency Cannot Make You Quit the Reserves—Part 2
• No. 18055 You Must Track your own Five-Year Limit—Part 2
• No. 18063 USERRA’s Final Section Requires Federal Agencies To Train Human Resources Personnel on USERRA
• No. 18069 Relocation Bonus Contract Does Not Override USERRA
• No. 18072 Don’t Apply for Reemployment until you Are Ready To Return to Work—Part 2
• No. 18079 Is the Federal Government a Single Employer for Purposes of USERRA’s Five-Year Limit?—I Have Reconsidered.
• No. 18096 Logjam at MSPB Continues
• No. 18097 Am I Eligible for the Extra 22 Days of Paid Military Leave as a Federal Civilian Employee?
• No. 18101 Extra 22 Days of Paid Military Leave for RC Members on Active Duty in Support of Contingency Operations
• No. 18102 Differential Pay for Federal Civilian Employees Who Are Called to the Colors
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 18110 USERRA’s Escalator Can Descend as well as Ascend
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 19004 Relationship between 5 U.S.C. 8332(c)(2) and 38 U.S.C. 4318
• No. 19015 Applying USERRA to the National Guard Technician
• No. 19018 Returning to a Federal Civilian Job while on Terminal Leave
• No. 19037 Army Command’s Civilian Personnel Office Needs To Be Retrained on USERRA
• No. 19041 Enforcing USERRA against a Federal Agency Employer
• No. 19051 The Federal Circuit Reverses the MSPB yet again
• No. 19067 You Don’t Need Prior Approval of your Federal Agency Employer To Join a Reserve Component of the Armed Forces
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19074 State Laws Protecting the Civilian Jobs of National Guard Members on State Active Duty—Do they Apply to Federal Employees?
• No. 19079 Military Service during your Career as a Federal Civilian Employee—What Effect on your Civilian Retirement?
• No. 19081 What Is a Reserve Component Technician?
• No. 19082 Special Additional Sick Leave for New Federal Employees who Are Disabled Veterans
• No. 19087 Do I Have To Work on my Day Off? Part Two
• No. 19095 Your Civilian Employer Cannot Make You Quit the Army Reserve, but the Army Reserve May Screen you out Because you Are a Key Employee.
• No. 19096 I Have Been Denied the Right To Telework because of my USAR Service
• No. 19097 Important 2018 Supreme Court Case on SEC ALJs—What Does it Mean for MSPB AJs?
• No. 19098 Logjam at the MSPB—When Will it ever End?
• No. 20031 Sergeant Major Erickson’s Long Struggle with the USPS May Be Finally Coming to an End
• No. 20032 Enforcement Procedure for Federal Employee USERRA Complaints
• No. 20042 EEOC Flouts USERRA
• No. 20049 USERRA Forbids Employer Harassment of Reserve Component Personnel
• No. 20050 Location Is an Aspect of Status
• No. 20051 Paid Military Leave and Differential Pay for Federal Civilian Employees Who Are Members of the National Guard or Reserve
• No. 20053 Returning to Work for a Different Federal Agency—Be Sure that you Get USERRA Pension Credit for your Period of Service
• No. 20058 Paid Military Leave for Federal Civilian Employees
• No. 20059 The USPS and USERRA
• No. 21021 Veterans’ Preference in the Excepted Service
• No. 21024 Federal Employee Called to the Colors as RC Member Is Entitled to Continued Civilian Health Insurance Coverage for Free
• No. 21027 Employers and Supervisors: Saying “Thank You for Your Service” Is Not Enough.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21076 ROA Helps Enlisted Air National Guard Member who Is a Federal Employee To Receive Differential Pay for Active-Duty Periods.
• No. 21077 Paid Military Leave for Federal Employees
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22010 When You Leave a Federal Agency for Military Service, I Suggest that You Apply for Reemployment at the Same Agency, but Applying at a Different Agency May Not Be Fatal to Your Rights.
• No. 22011 You Are Entitled to Federal Civilian Pension Credit for your 1988-91 Active Duty Period, But Not under USERRA.
• No. 22012 Securing your Pension Rights when you Return to Federal Civilian Employment after Military Service
• No. 22016 When You Returned to Federal Civilian Employment, after Active Duty, in October2012, You Should Have Received Step Increases Based on Credit for your Military Service. Perhaps it Is Not Too Late To Fix This.
• No. 22018 No Statute of Limitations Limits when you Can Initiate a USERRA Complaint.
• No. 22026 Four Distinct Statuses for National Guard Members
• No. 22037 Depriving You of Paid Military Leave under 5 U.S.C. § 6323 Violates USERRA.
• No. 22038 Good News: The MSPB Finally Has a Quorum.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22052 A Federal Employee Has only 45 Days To File an EEO Complaint, But That Deadline Does Not Apply to USERRA Complaints
• No. 22053 Joe Smith Has the Right to Reemployment at your Federal Agency, Despite his “Resignation” when he Left his Job to Enlist in the Army.
• No. 22056 It Is Unlawful for your Pre-Service Employer, a Federal Agency, To Fire you for Exceeding the Five-Year Limit.
• No. 22074 Do Not Give your Civilian Employer “Ammunition” in Support of an Argument that you Have “Abandoned” your Civilian Career.
• No. 23005 Brigadier General Michael J. Silva Won an Important, Precedent-Setting USERRA Case in 2009 Preserving USERRA Rights for Dual Employees
• No. 23024 Enforcing USERRA against a Federal Agency Employer
• No. 23027 What Is a Prohibited Personnel Practice (PPP)? My Federal Supervisor Has Willfully Violated USERRA. Is that a PPP?
• No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.
• No. 23030 The Wrong Way To Assert that your Employer Violated USERRA

1.1.1.9 Successors in Interest

• No. 079 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. 10016 Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
• No. 10026 Special Protection against Discharge, Except for Cause
• No. 10039 Successor in Interest Continued
• No. 10041 USERRA Liability of the Successor in Interest
• No. 10042 New Case on Successor in Interest under USERRA
• No. 10043 Does a Merger Reset My Five-Year Clock?  No.
• No. 10067 My Big Bank Will Be Taken Over by Bigger Bank
• No. 10075 Congress Clarifies the Application of USERRA to Successors in Interest
• No. 12096 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 14032 New USERRA Case from the 8th Circuit
• No. 15045 Reemployment Rights with the Successor in Interest
• No. 15074 Descending Escalator or Employer’s Changed Circumstances?
• No. 15101 Location Is an Aspect of Status
• No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 18021 Section 4303(4) of USERRA-Definition of “Employer”
• No. 20043 USERRA’s Escalator Can Descend as well as Ascend
• No. 20061 There Need Not Be a Merger or Transfer of Assets for the New Employer To Be the Successor-in-Interest to the Old Employer
• No. 20063More on Successor in Interest and USERRA
• No. 21004 More on Successor in Interest and USERRA
• No. 21013 There Need Not Be a Merger or Transfer of Assets for the New Employer To Be the Successor-in-Interest to the Old Employer
• No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
• No. 22012 Securing your Pension Rights when you Return to Federal Civilian Employment after Military Service
• No. 23035 Yes, You Have the Right to Reemployment with the Successor in Interest to your Pre-Service Employer, but you Don’t Get a Fresh Five-Year Limit. You Can’t Have it Both Ways.

1.1.2 Coverage of Employees

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. 09036 Ethan Allen Is Rolling Over in his Grave
• No. 11034 Protection against Discharge after Reemployment
• No. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 12015 USERRA’s Special Protection Period Against Discharge Upon Reemployment
• No. 12054 Reemployment Rights in Student Job on Campus
• No. 12089 Affirmative Defenses under USERRA
• No. 12090 You only Need one Employee to Be an Employer for Purposes of USERRA
• No. 12118 DOJ Sues NYC Internet Business for Violating USERRA
• 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. 13025 The Escalator and the Sequester
• No. 13056 California University of Pennsylvania Sued for Violating USERRA
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14072 Don’t Quit your Job if you Want to Sue under USERRA
• No. 15057 Returning to Police Officer Job with PTSD
• No. 15062 Update on Angiuoni v. Town of Billerica
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 15116 New USERRA Primer
• No. 16020 USERRA Applies to Paid Internships
• No. 16050 DOJ Wins USERRA Case
• No. 16099 The Client Is Responsible for Court Costs as Incurred
• No. 17009 If you Are Claiming that the Firing Violates USERRA, you Can Appeal to the MSPB even if you Are a New Federal Employee
• No. 17017 Case Study in Proving a Violation of Section 4311 of USERRA
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17074 Recent Case on Section 4311 of USERRA
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 18029 Don’t Try To Work at your Civilian Job while on Active Duty—Part 2
• No. 18049 You Can Have the Right to Reemployment in more than one Job
• No. 18085 Medical Appointments for Service-Connected Disability Do Not Amount to “Service in the Uniformed Services” for Purposes of USERRA
• No. 18107 Major League Baseball Network Apprenticeship Program Requires USAR Soldiers To Certify that they Won’t Volunteer for Deployment To Be Considered for the Opportunity—Does that Violate USERRA?
• No. 19016 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 3
• No. 19075 You Can Have the Right to Reemployment in more than one Job
• No. 19104 Recent Favorable Appellate Court Decision on USERRA
• No. 20007 Important New USERRA Case—Part 1
• No. 20032 Enforcement Procedure for Federal Employee USERRA Complaints
• No. 20040 You Have the Right to Time Off from your Civilian Job To Travel to Your Drill Weekend and To Arrive in a “Fit for Duty” Condition
• No. 20046 Being Retained on Active Duty under a “Stop Loss” Order Does Not Cause you To Exceed USERRA’s Five-Year Limit And Lose your Right to Reemployment
• No. 21023 Neither the Fact that the Assignment Is OCONUS, Nor the “Temporary” Nature of the Assignment, Nor the Fact that the Contract Number Has Changed, Nor the Fact that the Job Has Been Filled Defeats your USERRA Rights.
• No. 21056 USERRA Protects Inactive Duty Training and Active  Duty for Training for Retirement Points Only
• No. 21069 Does USERRA Apply to ROTC and JROTC?
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 23013 Enforcing USERRA against a State University or other State Agency
• No. 23034 Yes, USERRA Applies to “Temporary” Jobs.

1.1.2.2 Independent Contractors and Partners

• No. 099 Does USERRA Apply to Partnerships?
• No. 192 Physician Regaining Hospital Privileges After Service
• No. 09005 Do Life Insurance Salespersons Have USERRA Rights?
• No. 10053 Calling Yourself an Independent Contractor Does Not Make You One
• No. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 12039 Evans vs. MassMutual Financial Group, Round 2
• No. 15066 Calling you an Independent Contractor Does Not Make you one.
• No. 15116 New USERRA Primer
• No. 16050 DOJ Wins USERRA Case
• No. 17057 Police Department Must Give Reemployed Service Member the Opportunity To Take a Make-up Promotion Examination
• No. 18019 Section 4303(3) of USERRA: “Employee” Defined
• No. 18109 Can a “Partner” Have Reemployment Rights under USERRA?
• No. 21026 USERRA and the SCRA Are Great Laws, but there Are Limits

1.1.2.3 Employees Who Have Been Laid Off

• No. 031 Reemployment Rights After Being Furloughed
• No. 039 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. 0820 Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell
• No. 09011 Layoffs and the Special Protection Period
• No. 11025 Furloughs and the Five-Year Limit
• No. 09019 14th Supreme Court Case Relating to Reemployment Statute  Coffy v. Republic Steel Corp.,447 U.S. 191 (1980)
• No. 12107 Reemployment Rights for Laid Off Employees
• No. 12116 Contractor Employees in Afghanistan Are Not Protected by the SCRA or USERRA
• No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
• No. 14015 Civilian Pension Credit for Long Period of Military Service
• No. 16025 Airline Employer Must Make Contributions to your Airline Pension Account when you Return from Military Service
• No. 16029 Dot the Is and Cross the Ts To Obtain Reemployment
• No. 16053 Airline Must Comply with USERRA regarding Pensions
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 18024 Working as an Air Reserve Technician Does Not Amount to “Service in the Uniformed Services” for USERRA Purposes
• No. 18061 DOL-VETS Has Subpoena Power for USERRA Investigations
• No. 20035 The Situation Has Changed, But USERRA Has Not
• No. 20043 USERRA’s Escalator Can Descend as well as Ascend
• No. 21007 How Does USERRA’s “Furlough or Leave of Absence” Clause Apply to your Airline’s “Crisis Time Off” Program?
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?

1.1.2.4 Students

• *No. 032 Does USERRA Apply to Students?
• *No. 187 Does USERRA Apply to Students?
• *No. 0805 USERRA Does Not Apply To Students—Part 3
• *No. 10032 Congress Enacts New Protections for Mobilized Students
• *No. 10032 Update Department of Education Promulgates New Regulations To Implement New Law on Mandatory Readmission of Mobilized Students
• No. 10052 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. 12054 Reemployment Rights in Student Job on Campus
• No. 13070 Federal and State Laws Protect Students whose Educational Careers Are Interrupted by Military Service
• No. 13071 New Washington Law Protects Students who  Are Members of the National Guard or Reserve
• 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. 15116 New USERRA Primer
• No. 16042 Illinois Law Protects Post-Secondary Students Called to the Colors
• No. 16050 DOJ Wins USERRA Case
• No. 17019 Presidential Executive Order 13607 Establishes Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members, April 27, 2012: Expanded Coverage of 34 CFR 668.18 To Include Mobilizations of 30 Days or Fewer
• No. 19027 Where to Find Federal and State Laws Online that Protect Students whose Educational Careers Are Interrupted by Military Service
• No. 21038 Where to Find Federal and State Laws Online that Protect Students whose Educational Careers Are Interrupted by Military Service
• No. 21048 A USERRA-like Law Protects College Students
• No. 21049 The USERRA-like Law for Students Does Not Apply to Typical Reserve Component Service
• No. 21069 Does USERRA Apply to ROTC and JROTC?
• No. 22027 Arizona Enacts New Legislation for Post-Secondary Students who Actively Participate in the National Guard or Reserve
• No. 22045 Legal Obligations of Proprietary Institutions of Higher Education to Reserve and National Guard Students Enrolled
• No. 23009 USERRA’s Five-Year Limit Has Nine Exceptions. One Exception Is for Service, beyond Five Years, To Complete the Member’s Initial Active Service Obligation

1.1.2.5 Executive Employees

• No. 0704 The President of the Company Has Rights Under USERRA
• No. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 13045 One Year of Back Pay Is not Enough
• No. 16109 OSC Takes Action To Protect VA Whistleblower
• No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
• No. 17075 Recent 5th Circuit Case on Rights of Reservist after Returning from Drill Weekend
• No. 21054 How Do I Get Free DOJ Representation for my USERRA Case?
• No. 21068 Firing the City Manager Violated USERRA.
• No. 22041 Not Everything that You Do for the USNR Qualifies as “Service in the Uniformed Services” for USERRA Purposes.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22054 USERRA Forbids Discrimination, and that Includes Discrimination in Hiring. Law Firms Are Not Exempt.
• No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.

1.1.3 Coverage of Kinds of Service

1.1.3.1 Voluntary Service

• No. 030 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. 10019 The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
• No. 11032 When may a Washington State government-employee veteran increase their score on a promotion exam?
• No. 11067 Unfavorable 8th Circuit USERRA Case
• No. 12054 Reemployment Rights in Student Job on Campus
• No. 12122 Does USERRA Violate the 10th Amendment?
• No. 13044 National Guard Bureau Chief Testifies about Need for Employer Support
• No. 13079 It Is Better for a Reserve Component to Rely Primarily upon Involuntary Mobilization
• No. 13115 Notice to your Civilian Employer before AGR Duty
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 15075 USERRA Applies to Voluntary as well as Involuntary Military Service
• No. 15082 You Must Stay within the Five-Year Limit To Obtain Civilian Pension Credit for Military Service Time
• No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
• No. 15116 New USERRA Primer
• No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16035 USERRA Applies to Local Government
• No. 16050 DOJ Wins USERRA Case
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 17050 Yes, AFTPs are Protected by USERRA
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17103 Helping the Army Reserve Work Out Problems with the Civilian Employers of Army Reserve Soldiers
• No. 17105 Executive Order Authorizes Air Force To Recall up to 1,000 Retired Aviators to Active Duty—Yes, they Will Have USERRA Rights
• No. 17110 Yes, USERRA Applies to 12304b Duty
• No. 18031 I Think that I Am Entitled to Reemployment under State Law although I Will Be beyond USERRA’s Five-Year Limit
• No. 18034 Right to Civilian Pension Credit for Military Service Prior to the Enactment of USERRA in 1994
• No. 18041 You Will Not Have the Right to Reemployment if you Leave a Private Sector Job To Become a Temporary Air National Guard Technician
• No. 18054 You Have the Right to Reemployment even if that Means that another Employee Must Be Displaced
• No. 18055 You Must Track your own Five-Year Limit—Part 2
• No. 18069 Relocation Bonus Contract Does Not Override USERRA
• No. 18078 Smith v. Tennessee National Guard—The Long Waste of Time Finally Comes to an End
• No. 18083 Another Interesting Recent USERRA Case
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 19104 Recent Favorable Appellate Court Decision on USERRA
• No. 20045 Yes, USERRA Applies to Retired Regular Officers
• No. 20052 Important New Case on the Furlough or Leave of Absence Clause
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21013 There Need Not Be a Merger or Transfer of Assets for the New Employer To Be the Successor-in-Interest to the Old Employer
• No. 21024 Federal Employee Called to the Colors as RC Member Is Entitled to Continued Civilian Health Insurance Coverage for Free
• No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension
• No. 21052 Don’t Lambaste the Serial Volunteers, But Don’t Give them all the Duty they Want.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21056 USERRA Protects Inactive Duty Training and Active  Duty for Training for Retirement Points Only.
• No. 21060 If you Leave your Civilian Job for Military Service and Return under USERRA, the Time you Would Have Worked in the Civilian Job Counts For Purposes of your Eligibility for Family Leave under the FMLA.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.

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. 0854 Legal Assistance for Wounded Warriors—USERRA Component
• No. 09004 How to Prove a USERRA Discrimination Case—Continued
• No. 11002 USERRA’s Five-Year Limit Applies to Employer Relationship
• No. 11046 FMLA and USERRA
• No. 11067 Unfavorable 8th Circuit USERRA Case
• No. 11085 USERRA and the National Football League
• No. 11088 You Can Sue a City in Federal Court under USERRA
• No. 12054 Reemployment Rights in Student Job on Campus
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 12072 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
• No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
• No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
• 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. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15116 New USERRA Primer
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16036 It Is Illegal for the Air Force To Discriminate against an Air Force Reservist in Hiring for a Civilian Position
• No. 16043 You Must Keep Track of your own Five Year Limit
• No. 16055 Department of the Army Flouts USERRA
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16072 USERRA and the Career Intermission Program
• No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 17015 USERRA Makes It Unlawful for an Employer To Discriminate Against You Based on Regular or Reserve Military Service, Recently or Long Ago.
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 17105 Executive Order Authorizes Air Force To Recall up to 1,000 Retired Aviators to Active Duty—Yes, they Will Have USERRA Rights
• No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
• No. 17120 The Five-Year Limit Is Based on your Periods of Service, Not Absence from the Civilian Job
• No. 18029 Don’t Try To Work at your Civilian Job while on Active Duty—Part 2
• No. 18090 Another Important New USERRA Case
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19016 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 3
• No. 19024 USERRA and Pension Rights of Airline Pilots
• No. 19033 USERRA Precludes Employer-Initiated Lawsuits
• No. 19071 Mobilization Interrupts Start of New Job
• No. 20045 Yes, USERRA Applies to Retired Regular Officers
• No. 21044 I Was Injured while on Active Duty—What DoI Do Now?
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21069 Does USERRA Apply to ROTC and JROTC?
• No. 22011 You Are Entitled to Federal Civilian Pension Credit for your 1988-91 Active Duty Period, But Not under USERRA.
• No. 22053 Joe Smith Has the Right to Reemployment at your Federal Agency, Despite his “Resignation” when he Left his Job to Enlist in the Army.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 23001 USERRA, the SCRA, and Military Recruiting
• No. 23008 USERRA Precludes Suits Initiated by Employers
• No. 23009 USERRA’s Five-Year Limit Has Nine Exceptions. One Exception Is for Service, beyond Five Years, To Complete the Member’s Initial Active Service Obligation

1.1.3.3 National Guard Service

• No. 045 USERRA and SSCRA Coverage for National Guard Members
• No. 045_Note USERRA/SSCRA
• No. 0620 USERRA Coverage for National Guard Members Assisting in Border Control Efforts
• No. 0837 USERRA Coverage for Individuals Performing National Guard AGR Duty
• No. 09011 Layoffs and the Special Protection Period
• No. 10020 Progress on Bill Adding an Additional Exemption from the 5-Year Limit
• No. 10034 National Guard: Yes, Title 32 duty is covered by USERRA
• No. 10035 The Definition of “Uniformed Services”
• No. 10089 USERRA Most Definitely Applies to National Guard Members Performing Border Protection Duty
• No. 10094 Coverage for National Guard Members on State Duty
• No. 10096 Prior Notice to Civilian Employer – Part 2
• No. 11031 Not Everything You Do for Your Reserve Component Is Protected by USERRA
• No. 11075 The National Guard Must Be a Model Employer under USERRA
• No. 11098 USERRA Protection for National Guard Members
• No. 11099 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. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12105 What Are the Reserve Components?
• No. 13035 Another New and Favorable USERRA Case
• No. 13044 National Guard Bureau Chief Testifies about Need for Employer Support
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
• No. 13122 USERRA Protects National Guard Service, Even if SCRA Does Not
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14014 National Guard Member Works in another State – Is Her Job Protected When She Is on State Active Duty?
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14036 Setback in Effort to Enforce USERRA against States as Employers
• No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
• No. 14045 What is an Application for Reemployment?
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15026 Missouri TAG Settles Case Alleging USERRA Violation
• No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
• No. 15036 Time off from Work for Short Periods of National Guard Training
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15050 Reemployment Rights as an ANG Technician
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15091 The National Guard Makes up more than Half of Reserve Component Strength
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
• No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
• No. 16031 Sergeant Kelly Hance’s USERRA Saga Continues
• No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
• No. 16047 Maryland Law Adds Two Critical Protections For Veterans
• No. 16049 The Right to 15 Days of Paid Military Leave Applies to Federal Employees, Not Employees of Federal Contractors
• No. 16061 Reinstatement Rights as a Title 32 AGR after Title 10 Statutory Tour
• No. 16096 USERRA Overrides the Collective Bargaining Agreement
• No. 16099 The Client Is Responsible for Court Costs as Incurred
• No. 16103 Update on Protecting the Civilian Jobs of National Guard Members on State Active Duty
• No. 17013 Because of NDAA 2017, National Guard Technicians No Longer Receive Paid Military Leave under 5 U.S.C. 6323 while on AGR Duty
• No. 17050 Yes, AFTPs are Protected by USERRA
• No. 17072 The Federal Servicemembers Civil Relief Act Does Not Apply to National Guard Members on Full-time National Guard Duty, but such Members May Have SCRA-type Rights under State Law.
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 17092 Applying Section 4318 of USERRA to the Situation of a Returning National Guard Member
• No. 17093 Reemployment Rights of Texas National Guard Members on Duty for Hurricane Harvey
• No. 17097 The Escalator Does Not Always Ascend
• No. 17110 Yes, USERRA Applies to 12304b Duty
• No. 17113 Using your Vacation Does Not Mean that the Period of Service Does Not Count toward the Five-year Limit
• No. 18028 USERRA’s Definition of “Uniformed Services”
• No. 18033 National Guard Technicians Are Precluded from Receiving Paid Military Leave while Performing “Active Guard and Reserve Duty” But Not while Performing Other Kinds of Military Service
• No. 18041 You Will Not Have the Right to Reemployment if you Leave a Private Sector Job To Become a Temporary Air National Guard Technician
• No. 18043 Your “Resignation” in 2014, when you Enlisted in the Army, Does Not Defeat your Right to Reemployment in 2018, When you Were Released from Active Duty
• No. 18044 National Guard Bureau PowerPoint for Training National Guard Technicians Has It Wrong on USERRA
• No. 18058 Instructive New USERRA Case
• No. 18100 Look to State Law for Protection of Civilian Jobs of National Guard Members on State Active Duty
• No. 18110 USERRA’s Escalator Can Descend as well as Ascend
• No. 19015 Applying USERRA to the National Guard Technician
• No. 19045 Relationship between USERRA and State Law and Union Agreements
• No. 19049 National Guard Technicians Are Precluded from Receiving Paid Military Leave under Section 6323 of Title 5 When they Are on Active Guard & Reserve (AGR) Duty But not when they Are on other Forms of Active Duty
• No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19057 Supreme Court Explains the Hybrid Federal-State Nature of the National Guard
• No. 19061 National Guard Technicians Are Sometimes Treated Unjustly
• No. 19074 State Laws Protecting the Civilian Jobs of National Guard Members on State Active Duty—Do they Apply to Federal Employees?
• No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
• No. 20002 Favorable USERRA Decision by the 8th Circuit—Part 1
• No. 20006 Recent Favorable USERRA Precedent—Part 5 USERRA Rights of Wounded Warriors
• No. 20007 Important New USERRA Case—Part 1
• No. 20025 Reemployment Rights after State Active Duty
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20030 Right to Paid and Unpaid Military Leave for State and Local Government Employees in Massachusetts
• No. 20037 USERRA Coverage of National Guard Members
• No. 20051 Paid Military Leave and Differential Pay for Federal Civilian Employees Who Are Members of the National Guard or Reserve
• No. 20053 Returning to Work for a Different Federal Agency—Be Sure that you Get USERRA Pension Credit for your Period of Service
• No. 20059 The USPS and USERRA
• No. 21002 Congress Expands USERRA Coverage
• No. 21034 State Active Duty Performed by National Guard Members after 1/5/2021 Is now Protected by USERRA, under most Circumstances
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension
• No. 21052 Don’t Lambaste the Serial Volunteers, But Don’t Give them all the Duty they Want.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member
• No. 21074 Yes, USERRA Applies to National Guard Member on State Active Duty To Drive School Buses.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22015 USERRA Was Recently Amended To Make it Apply to State Active Duty Performed by National Guard Members. How Does that Affect USERRA’s Five-Year Limit?
• No. 22026 Four Distinct Statuses for National Guard Members
• No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
• No. 22047 Please Do Not Fire the National Guard Technician While He Is on Active Duty.
• No. 22066 The California State Guard Maritime Component Is Not a “Uniformed Service” for USERRA Purposes, and USERRA Does Not Protect Absence From a Civilian Job for Duty in that Component.
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
• No. 23006 Has ESGR Not Gotten the Word about the 2021 USERRA Amendment?
• No. 23014 You Can Bring Closely Related State Law Claims along with your Federal USERRA Claim in your Federal Court Lawsuit

1.1.3.4 PHS Service

• No. 046 Coverage of PHS Commissioned Corps
• No. 09063 You Must Apply for Reemployment – Part 3
• No. 12105 What Are the Reserve Components?
• No. 12114 USERRA Does Not Apply to PHS Selection of PHS Officers
• No. 15041 Seniority for PHS Officers within the BOP Medical System
• No. 15041-Update Seniority for PHS Officers; updated September 2015
• No. 15116 New USERRA Primer
• No. 16033 Don’t Let the AFGE Override the USERRA Rights of PHS Officers Assigned to BOP
• No. 18028 USERRA’s Definition of “Uniformed Services”
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.

1.1.3.5 NOAA Service

• No. 052 USERRA Coverage for NOAA Corps
• No. 12105 What Are the Reserve Components?
• No. 15002 Is the NOAA Commissioned Corps a Uniformed Service for Purposes of USERRA?
• No. 15116 New USERRA Primer
• No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
• No. 17085 New York City Expands its Human Rights Law To Protect Uniformed Service
• No. 18028 USERRA’s Definition of “Uniformed Services”
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 21002 Congress Expands USERRA Coverage
• No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.

1.1.3.6 NDMS Service

• No. 100 USERRA Coverage for Intermittent Disaster Response Appointees
• No. 12105 What Are the Reserve Components?
• No. 17011 Congress Amends USERRA To Provide Reemployment Rights to Urban Search and Rescue Personnel
• No. 17099 FEMA Reservists Do Not Have Reemployment Rights under USERRA
• No. 18028 USERRA’s Definition of “Uniformed Services”

1.1.3.6a USERRA applies to urban search & rescue personnel

• No. 17011 Congress Amends USERRA To Provide Reemployment Rights to Urban Search and Rescue Personnel
• No. 17099 FEMA Reservists Do Not Have Reemployment Rights under USERRA
• No. 17100 Urban Search and Rescue Personnel
• No. 18028 USERRA’s Definition of “Uniformed Services”

1.1.3.6b USERRA and FEMA Reservists

• No. 17099 FEMA Reservists Do Not Have Reemployment Rights under USERRA
• No. 23007 USERRA Extends Job Protections to FEMA Reservists

1.1.3.6c USERRA and the Coast Guard Auxiliary and the Civil Air Patrol

• No. 22020 Does USERRA Apply to Service in the Coast Guard Auxiliary or the Civil Air Patrol? No, at least not yet.
• No. 23017 The Case for Expanding USERRA Protections to the Coast Guard Auxiliary and Civil Air Patrol

1.1.3.7 Examination To Determine Fitness

• No. 050 USERRA Coverage for Examination To Determine Fitness
• No. 09034 Another Good Precedent on Reemployment Rights
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 15116 New USERRA Primer
• No. 16021 Does USERRA Give me the Right to Time Off from my Civilian Job for an Interview about Reassignment to a new Guard Unit?
• No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
• No. 17024 Don’t Apply for Reemployment until you Are Ready To Return to Work
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 18085 Medical Appointments for Service-Connected Disability Do Not Amount to “Service in the Uniformed Services” for Purposes of USERR
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 19030 USERRA Protects Absence from Civilian Job for Examination To Determine Fitness To Serve
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19067 You Don’t Need Prior Approval of your Federal Agency Employer To Join a Reserve Component of the Armed Forces
• No. 23001 USERRA, the SCRA, and Military Recruiting

1.1.3.8 Funeral Honors Duty

• No. 051 USERRA Coverage for Funeral Honors Duty
• No. 15116 New USERRA Primer

1.1.3.9 Military Family Members

• *No. 098 Does USERRA Apply to Spouses?
• No. 12016 Department of Labor to Expand FMLA Rights for Military Families
• No. 18086 USERRA Does Not Require an Employer To Accommodate the Military Service of the Spouse of an Employee
• No. 18088 USERRA Does Not Protect the Spouse of a Service Member from Discrimination in her Employment
• No. 22029 USERRA Does Not Protect the Spouse of the Service Member.
• No. 22033 USERRA Does Not Protect the Spouse of the Service Member.

1.1.3.10 Foreign Military Members

• No. 0630 Do IDF Reservists Have Reemployment Rights Under USERRA?

1.2 USERRA—Discrimination Prohibited

• No. 011 Discrimination Against Reservists
• No. 035 Impending Service Results in Immediate Firing
• No. 036 Activation Prevents Start of New Job
• No. 064 Discrimination in Hiring
• No. 106 Don’t Try to Work at your Civilian Job While on Active Duty
• 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. 191 Sometimes David Does Beat Goliath
• 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. 09002 Naval Reservist Wins USERRA Case Against San Diego Police Department
• No. 09004 How to Prove a USERRA Discrimination Case—Continued
• No. 09006 When Long Service Equals No Promotion You Don’t Need a Smoking Gun to Win a Section 4311 Case Under USERRA
• No. 09009 Another New Case on USERRA Discrimination
• No. 09012 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09012 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09022 Is Personal Animus Discrimination? A USERRA case may be headed to the Supreme Court.
• No. 09023 15th Supreme Court Case Relating to Reemployment Statute Monroe v. Standard Oil Co. 452 U.S. 549 (1981)
• No. 09026 Mobilized Reservists and the Chicago Fire Department
• No. 09030 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
• No. 09036 Ethan Allen Is Rolling Over in his Grave
• No. 09037 You Must Apply for Reemployment-Part 2
• No. 09048 No Time Limit on Justice for the Returning Veteran—Part 2
• No. 09052 Section 4311 of USERRA Is Not Limited to Reserve Components
• No. 10004 Generous Employer Not Required to Remain Generous
• No. 10011 An Instructive New USERRA Case from Ohio
• No. 10012 You Only Get One Chance To Make Your Case
• No. 10016 Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
• No. 10017 DLA Violates USERRA
• No. 10019 The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
• No. 10027 DOJ Sues Company and Settles the Same Day
• No. 10026 Special Protection against Discharge, Except for Cause
• No. 10031 DOJ Files and Settles on the Same Day, Again
• *No. 10028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
• No. 10038 Proposed Legislation To Promote Hiring of Recent Veterans
• No. 10054 Don’t Do Your Reserve Work on Your Employer’s Time
• No. 10066 USERRA Overrides Federal Agency Rule on “Outside Employment”
• No. 10067 My Big Bank Will Be Taken Over by Bigger Bank
• No. 10076 Congress Strengthens USERRA’s Protection against Discrimination
• No. 10087 USERRA Forbids Discrimination in Initial Employment
• No. 11006 Important New Case on USERRA Discrimination
• No. 11008 MSPB Holds that Disparate Impact Discrimination Is Not a Cognizable Claim under USERRA
• No. 11009 USERRA Does Not Protect Absence from Work To Attend DEP Meetings
• No. 11012 Fourth Circuit Reverses Summary Judgment for Employer
• No. 11022 Supreme Court Reverses 7th Circuit in USERRA Case
• No. 11026 Can We Fire Him for Going over the Five-Year Limit?
• No. 11027 USERRA Prohibition Against Retaliation May Extend to Service Member’s Spouse Who Works for the Same Employer
• No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
• No. 11030 Does USERRA Provide a Remedy for Employer Harassment?
• No. 11034 Protection against Discharge after Reemployment
• No. 11041 Army Reserve Dentist Loses USERRA Case
• No. 11043 New Evidence of Discrimination against Recently Separated Veterans
• No. 11068 USERRA Protects the Co-Worker Who Testifies or Provides Information in a USERRA Case
• No. 11067 Unfavorable 8th Circuit USERRA Case
• No. 11073 Another Great USERRA Appellate Case
• No. 11075 The National Guard Must Be a Model Employer under USERRA
• No. 11080 It Is Not Your Responsibility to Find a Replacement
• No. 11082 Does USERRA Apply to Me?
• No. 11089 Veterans Opportunity to Work Act of 2011
• No. 11095 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. 12010 Working at Your Civilian Job Prior to Reporting for Active Duty
• No. 12011 Harassment as USERRA Violation
• No. 12015 USERRA’s Special Protection Period Against Discharge Upon Reemployment
• No. 12020 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
• No. 12023 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
• No. 12033 Federal Arbitration Act Severely Limits Review of Arbitrator’s Erroneous Ruling
• No. 12034 Coast Guard Reservist Needs Drill Credit for Medical Appointment
• No. 12040 DOJ Sues Home Depot for Violating USERRA
• No. 12046 Should We Tell the Employers Now or Wait?
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12067 Is Harassment a Cognizable Claim under USERRA—(Continued)
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12075 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
• No. 12082 DOJ Gets Job Back for Mobilized Navy Reservist
• No. 12096 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
• No. 12099 There’s a Hole in USERRA. Will States Fill it if Congress Won’t?
• No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• No. 12109 USERRA Forbids Discrimination with respect to Retention in Employment
• No. 12114 USERRA Does Not Apply to PHS Selection of PHS Officers
• No. 12118 DOJ Sues NYC Internet Business for Violating USERRA
• No. 12119 USERRA Forbids Discrimination in Employment Based on Uniformed Service—Not Limited to Reserve Component Service
• No. 13021 Sergeant Major Erickson’s Struggle against the United States Postal Service Continues
• No. 13022 The Escalator Can Descend as well as Ascend
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13036 Misconduct Leads to Mistrial
• No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
• No. 13042 ROA Member Files Two USERRA Lawsuits
• No. 13045 One Year of Back Pay Is not Enough
• No. 13056 California University of Pennsylvania Sued for Violating USERRA
• No. 13057 Don’t Use your Employer’s Computer for Navy Reserve Work
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13064 Be Always Ready  To Sue and Don’t Sleep on your Rights
• No. 13066 Sometimes the Important Dog Is the One Who Does not Bark
• No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
• No. 13077 The Escalator Can Descend
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
• No. 13094 Please Don’t Supplant USERRA
• No. 13095 Another USERRA Case Headed for Supreme Court
• No. 13097 What Is a “Title 38 Employee?”
• No. 13098 Interesting MSPB Case on USERRA
• No. 13099 This Is Not your Father’s National Guard
• No. 13106 How Not To Treat a National Guard Member Who is Your Employee
• No. 13108 Revising USERRA to Include Non-Pecuniary Compensatory Damages as Remedies
• No. 13111 How to Compute One Year for Purposes of Section 4316(c) of USERRA
• No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 13145 Important New USERRA Case in Fifth Circuit
• No. 13156 Counties and Other Political Subdivisions are not Immune – Western District of Virginia gets it Wrong
• No. 13166 Reserve Component Opportunities for Individuals Leaving Active Duty Short of Retirement Eligibility
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14024 The Military Extraterritorial Jurisdiction Act and the Uniformed Services Employment and Reemployment Rights Act
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14031 Veterans’ Preference for State Employees in Washington
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14036 Setback in Effort to Enforce USERRA against States as Employers
• No. 14046 Marine Corps Reservist Sues Village of Skokie for Violating USERRA
• No. 14047 State and Local Government Employees Need Effective USERRA Protections
• No. 14072 Don’t Quit your Job if you Want to Sue under USERRA
• No. 14074 Right to Use Vacation Days for Military Service
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15016 Carter v. Siemens Update
• No. 15036 Time off from Work for Short Periods of National Guard Training
• No. 15041 Seniority for PHS Officers within the BOP Medical System
• 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. 15037 Reemployment Rights for Wounded Warriors
• No. 15053 USERRA 101 Final Exam
• No. 15057 Returning to Police Officer Job with PTSD
• No. 15059 Does USERRA Provide for Disparate Impact Liability?
• No. 15062 Update on Angiuoni v. Town of Billerica
• No. 15063 New Favorable Case on Section 4311 of USERRA
• No. 15064 The MSPB Adjudicates Claims that Federal Executive Agencies Have Violated USERRA
• No. 15066 Calling you an Independent Contractor Does Not Make you one.
• 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. 15073 Recent Favorable USERRA Case from Massachusetts
• No. 15075 USERRA Applies to Voluntary as well as Involuntary Military Service
• No. 15086 Sixth Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15089 Proposals to Improve USERRA
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15098 SSGT Baldo Bello’s USERRA Lawsuit against the Village of Skokie
• No. 15100 The French Company Fired my Wife!
• No. 15103 Coast Guard Reservist Alleges USERRA Violations by Drug Enforcement Administration
• No. 15104 Navy Reservist Survives Employer’s Motion for Summary Judgment but then Loses Jury Trial
• No. 15105 Army Reservist Survives Summary Judgment in Section 4311 Case
• No. 15106 Section 4311 of USERRA
• No. 15107 Section 4311 of USERRA Protects Veterans as well as Currently Serving Reserve Component Members
• No. 15116 New USERRA Primer
• No. 16002 Interesting USERRA Discrimination Case
• No. 16003 Section 4311 of USERRA Protects HR Professionals who Oppose USERRA Violations
• No. 16008 Bello v. Village of Skokie—Continued
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16013 Recent Favorable Federal Circuit USERRA Decision
• No. 16014 Another Recent Federal Sector USERRA Victory
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16024 West Virginia Legislature Enacts Confusing New Law on Veterans’ Preference in Private Sector Employment
• No. 16031 Sergeant Kelly Hance’s USERRA Saga Continues
• No. 16033 Don’t Let the AFGE Override the USERRA Rights of PHS Officers Assigned to BOP
• No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
• No. 16035 USERRA Applies to Local Government
• No. 16036 It Is Illegal for the Air Force To Discriminate against an Air Force Reservist in Hiring for a Civilian Position
• No. 16039 Opportunity To Telecommute Is a Benefit of Employment Protected by USERRA
• No. 16047 Maryland Law Adds Two Critical Protections For Veterans
• No. 16050 DOJ Wins USERRA Case
• No. 16055 Department of the Army Flouts USERRA
• No. 16059 Discrimination, Harassment, Spoliation, and USERRA
• No. 16064 The Air Force Must Comply with USERRA
• No. 16069 USERRA Applies all over the World to American Corporations and Institutions
• No. 16072 USERRA and the Career Intermission Program
• No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
• No. 16074 A New Case on USERRA and Forced Arbitration
• No. 16078 USERRA, the Escalator Principle, and the Lack of a Present Vacancy at the Appropriate Level
• No. 16099 The Client Is Responsible for Court Costs as Incurred
• No. 16100 Don’t Do Military Duty on a Sick Leave Day
• No. 16105 The Posse Comitatus Act and the Activated Reservist
• No. 16122 My Employer Fired me when I Was on the way out the Door
• No. 16123 In a USERRA Case, the Veteran Plaintiff Cannot Be Required To Pay the Defendant’s Court Costs
• No. 16124 Bad News from Virginia on Enforcing USERRA against State Agencies as Employers
• No. 16126 Great New Third Circuit USERRA Precedent
• No. 17009 If you Are Claiming that the Firing Violates USERRA, you Can Appeal to the MSPB even if you Are a New Federal Employee
• No. 17015 USERRA Makes It Unlawful for an Employer To Discriminate Against You Based on Regular or Reserve Military Service, Recently or Long Ago.
• No. 17016 Proving a Violation of Section 4311 of USERRA: A Case Study
• No. 17017 Case Study in Proving a Violation of Section 4311 of USERRA
• No. 17023 Pro Bono Attorney Does Great Job for USERRA Claimant
• No. 17048 Important New USERRA Case from the 6th Circuit—Part 2
• No. 17052 The State of Washington Pays out $13 Million for Violating USERRA and Washington’s Veterans’ Preference Law
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17074 Recent Case on Section 4311 of USERRA
• No. 17076 USERRA and Federal Employees
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17085 New York City Expands its Human Rights Law To Protect Uniformed Service
• No. 17098 The No FEAR Act Does Not Apply to Discrimination against Reserve Component Service Members
• No. 17101 Relationship between USERRA and other Federal, State, and Local Laws and Ordinances
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 17103 Helping the Army Reserve Work Out Problems with the Civilian Employers of Army Reserve Soldiers
• No. 17106 Firing you Probably Violated USERRA
• No. 17107 Don’t File an EEO Complaint for a USERRA Violation
• No. 17109 Great New USERRA Victory in the 9th Circuit
• No. 17111 Yes, a Reservist Can Be Entitled to Veterans’ Preference
• No. 17114 The MSPB Has Ground to a Halt
• No. 17118 The Collective Bargaining Agreement Cannot Deprive the Service Member of the Right To Bid on a Vacation Time
• No. 18012 Section 4303(2) of USERRA, Definition of “Benefit” of Employment
• No. 18013 Does USERRA Forbid Employer Harassment of Employees because of their Reserve Component Service? Congress Amends the Definition of “Benefit of Employment” To Clarify that the Answer Is Yes.
• No. 18015 Enforcing USERRA against a State Government Employer – Good News from California
• No. 18118 If You Are Claiming a USERRA Violation, the MSPB Has Jurisdiction To Review Your Firing even if You Have Not Completed the Initial Year of Federal Employment
• No. 18030 Great New Federal Circuit Case about Paid Military Leave for Federal Employees
• No. 18036 Returning Service Member Who Is Medically Disqualified from Flying Airliners Is Entitled To Return to Payroll and Use Accrued Sick Leave
• No. 18039 You Don’t Have To Be a Perfect Soldier To Get your Job Back
• No. 18042 Coast Guard Reservist Loses USERRA Case at MSPB and Federal Circuit
• No. 18051 To Get Pay Raises that you Would Have Received if Continuously Employed you Must Return to the Pre-Service Employer
• No. 18052 A Federal Agency Cannot Make You Quit the Reserves—Part 2
• No. 18053 Section 4316(c) of USERRA: Special Protection against Discharge after Reemployment
• No. 18070 Can I Sue the Commonwealth of Kentucky For Violating my USERRA Rights?
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18080 Recent USERRA Case—Summary Judgment Denied
• No. 18082 It Is Possible To Bypass the MSPB itself and Appeal the AJ’s Decision to the Federal Circuit
• No. 18083 Another Interesting Recent USERRA Case
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 18085 Medical Appointments for Service-Connected Disability Do Not Amount to “Service in the Uniformed Services” for Purposes of USERR
• No. 18086 USERRA Does Not Require an Employer To Accommodate the Military Service of the Spouse of an Employee
• No. 18087 Reservist Wins USERRA Case against Gojet Airlines
• No. 18088 USERRA Does Not Protect the Spouse of a Service Member from Discrimination in her Employment
• No. 18089 Navy Reservist Sues Employer for Violating USERRA and Survives Employer’s Motion for Summary Judgment
• No. 18101 Extra 22 Days of Paid Military Leave for RC Members on Active Duty in Support of Contingency Operations
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 18107 Major League Baseball Network Apprenticeship Program Requires USAR Soldiers To Certify that they Won’t Volunteer for Deployment To Be Considered for the Opportunity—Does that Violate USERRA?
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19024 USERRA and Pension Rights of Airline Pilots
• No. 19038 Actively Participating Reserve Component Members Sue L-3 Communications for Hiring Discrimination and Case Settles
• No. 19040 How Do I Get Free DOJ Representation for my USERRA Claim?
• No. 19051 The Federal Circuit Reverses the MSPB yet again
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19063 Excellent New Appellate Case on USERRA
• No. 19066 You Must Meet USERRA’s Five Conditions for Reemployment to have the Right to an Accommodation for a Service-Connected Disability or The Right to the Special Protection against Discharge
• No. 19067 You Don’t Need Prior Approval of your Federal Agency Employer To Join a Reserve Component of the Armed Forces
• No. 19071 Mobilization Interrupts Start of New Job
• No. 19080 Apply for Reemployment when you Return from Military Service although the Employer Purportedly Fired you on the way out the Door
• No. 19087 Do I Have To Work on my Day Off? Part Two
• No. 19096 I Have Been Denied the Right To Telework because of my USAR Service
• No. 19101 DOJ Sues Walmart for Violating USERRA
• No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
• No. 19112 Another Favorable Appellate Case on Section 4311 of USERRA
• No. 20007 Important New USERRA Case—Part 1
• No. 20009 DOL-VETS Found in my Favor—Can my Attorney Get the DOL-VETS Report into Evidence?
• No. 20042 EEOC Flouts USERRA
• No. 20049 USERRA Forbids Employer Harassment of Reserve Component Personnel
• No. 21004 More on Successor in Interest and USERRA
• No. 21006 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21009 Yes, You Can Double Dip
• No. 21015 New USERRA Lawsuit by Jayson Huntsman
• No. 21018 The Arkansas Constitution Violates USERRA and Is Void under the Supremacy Clause of the United States Constitution.
• No. 21021 Veterans’ Preference in the Excepted Service
• No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
• No. 21027 Employers and Supervisors: Saying “Thank You for Your Service” Is Not Enough.
• No. 21035 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21039 Can I Earn the Five-Point Veterans’ Preference by Volunteering for Active Duty?
• No. 21042 New York Law Includes a Provision for your Situation
• No. 21053 DOL-VETS and DOJ Do well for Army Reservist
• No. 21054 How Do I Get Free DOJ Representation for my USERRA Case?
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?
• No. 21068 Firing the City Manager Violated USERRA.
• No. 21069 Does USERRA Apply to ROTC and JROTC?
• No. 21070 It Is Unlawful for an Employer To Discriminate against those who Have Served in the Military regarding Civilian Pension Entitlements.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22028 Yes, You Can Double-Dip, New Hampshire Law to the Contrary Notwithstanding.
• No. 22029 USERRA Does Not Protect the Spouse of the Service Member.
• No. 22033 Computing Damages in a USERRA Case.
• No. 22037 Depriving You of Paid Military Leave under 5 U.S.C. § 6323 Violates USERRA.
• No. 22052 A Federal Employee Has only 45 Days To File an EEO Complaint, But That Deadline Does Not Apply to USERRA Complaints
• No. 22054 USERRA Forbids Discrimination, and that Includes Discrimination in Hiring. Law Firms Are Not Exempt.
• No. 22056 It Is Unlawful for your Pre-Service Employer, a Federal Agency, To Fire you for Exceeding the Five-Year Limit.
• No. 22057 National Guard Technicians Are Not Entitled To Receive Paid Military Leave under 5 U.S.C. § 6323(a)(1) when they Are on AGR Duty. They Are Entitled to Paid Military Leave when they Are on other forms of Military Duty.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
• No. 23001 USERRA, the SCRA, and Military Recruiting
• No. 23015 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 4
• No. 23027 What Is a Prohibited Personnel Practice (PPP)? My Federal Supervisor Has Willfully Violated USERRA. Is that a PPP?
• No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.
• No. 23030 The Wrong Way To Assert that your Employer Violated USERRA
• No. 23032 Recent USERRA Decision in the Northern District of Illinois
• No. 23034 Yes, USERRA Applies to “Temporary” Jobs.

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. 11073 Another Great USERRA Appellate Case
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 13045 One Year of Back Pay Is not Enough

1.3.1.1 Left Job for Service and Gave Prior Notice

• No. 005 Notice to Your Civilian Employer
• No. 063 Effect of Resignation
• No. 084 Notice To Civilian Employer
• No. 091 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. 09010 You Must Apply for Reemployment after You Leave Active Duty
• No. 09039 Let’s Try To Limit the Burden on Your Employer
• No. 09061 Your Civilian Job and USERRA: Beware of Gaps in Your Period of Service, And Maintain a Proper Balance of Military and Civilian Responsibilities
• No. 09064 Held a Position of Employment
• No. 09065 What is Service in the Uniformed Services?
• No. 09066 Relationship between the Uniformed Service and the Absence from the Position of Employment
• No. 09067 Prior Notice to Civilian Employer
• No. 10021 The Civilian Employer Does Not Get a Veto
• No. 10026 Special Protection against Discharge, Except for Cause
• No. 10030 Prior Notice to the Civilian Employer Need Not Be in Writing
• No. 10054 Don’t Do Your Reserve Work on Your Employer’s Time
• No. 10066 USERRA Overrides Federal Agency Rule on “Outside Employment”
• No. 10095 Prior Notice to Civilian Employer
• No. 10096 Prior Notice to Civilian Employer – Part 2
• No. 11009 USERRA Does Not Protect Absence from Work To Attend DEP Meetings
• No. 11025 Furloughs and the Five-Year Limit
• No. 11026 Can We Fire Him for Going over the Five-Year Limit?
• No. 11080 It Is Not Your Responsibility to Find a Replacement
• No. 11085 USERRA and the National Football League
• No. 11088 You Can Sue a City in Federal Court under USERRA
• No. 11111 Conflict Between National Guard Drill and Civilian Job
• No. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 12007 Can I Sell My Holiday Time?
• No. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
• No. 12010 Working at Your Civilian Job Prior to Reporting for Active Duty
• No. 12015 USERRA’s Special Protection Period Against Discharge Upon Reemployment
• No. 12046 Should We Tell the Employers Now of Wait?
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12060 Service Academy Admissions Work NOT Protected By USERRA
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 12072 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12078 Don’t Make Service Members Wait another 60 Years to Vote!
• No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
• No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
• No. 12107 Reemployment Rights for Laid Off Employees
• No. 12112 I Need Time off from my Job to Travel to my Drill Weekend
• No. 12116 Contractor Employees in Afghanistan Are Not Protected by the SCRA or USERRA
• No. 12118 DOJ Sues NYC Internet Business for Violating USERRA
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
• No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13067 Notice Before and Documentation After Military Service
• 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. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13099 This Is Not your Father’s National Guard
• No. 13115 Notice to your Civilian Employer before AGR Duty
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
• No. 13145 Important New USERRA Case in Fifth Circuit
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14005 Abandonment Doctrine Rests on Slender Reed
• No. 14009 Reserve Component Leadership Should Take on the Burden of Notifying the Civilian Employer when Military Duty Will Take the Reservist away from the Civilian Job
• No. 14015 Civilian Pension Credit for Long Period of Military Service
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14033 Why Did I Receive this COBRA Notice?
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14039 Protect Your Rights By Understanding Them
• No. 14040 Is the Service Member Required to Keep the Employer Informed of Extensions of the Active Duty Period?
• No. 14042 USERRA Rights of Reservist During Drill Weekend
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15036 Time off from Work for Short Periods of National Guard Training
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15053 USERRA 101 Final Exam
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15091 The National Guard Makes up more than Half of Reserve Component Strength
• No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
• No. 15101 Location Is an Aspect of Status
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16016 USERRA Gives you the Right to Time off from your Civilian Job for Service in the Uniformed Services
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16025 Airline Employer Must Make Contributions to your Airline Pension Account when you Return from Military Service
• No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
• No. 16035 USERRA Applies to Local Government
• No. 16050 DOJ Wins USERRA Case
• No. 16053 Airline Must Comply with USERRA regarding Pensions
• No. 16055 Department of the Army Flouts USERRA
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16072 USERRA and the Career Intermission Program
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
• No. 16100 Don’t Do Military Duty on a Sick Leave Day
• No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
• No. 16114 USERRA Rights of Discharged Major Who Has Been Promoted to Lieutenant Colonel and Returned to Active Duty Retroactively by the Board for Correction of Military Records
• No. 17011 Congress Amends USERRA To Provide Reemployment Rights to Urban Search and Rescue Personnel
• No. 17033 Can You Sue the State of Tennessee for Violating USERRA?
• No. 17044 USERRA Precludes Employer-Initiated Lawsuits
• No. 17056 USERRA Does Not Permit a Declaratory Judgment Suit Initiated by the Employer
• No. 17064 We Must Maintain Employer Support for Reserve Component Members
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17087 The Civilian Employer Does Not Get a Veto
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
• No. 17113 Using your Vacation Does Not Mean that the Period of Service Does Not Count toward the Five-year Limit
• No. 17121 You Are Entitled to Seniority and Pension Credit for the Entire  Period that you Were away from your Job for Military Service
• No. 18024 Working as an Air Reserve Technician Does Not Amount to “Service in the Uniformed Services” for USERRA Purposes
• No. 18041 You Will Not Have the Right to Reemployment if you Leave a Private Sector Job To Become a Temporary Air National Guard Technician
• No. 18049 You Can Have the Right to Reemployment in more than one Job
• No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18078 Smith v. Tennessee National Guard—The Long Waste of Time Finally Comes to an End
• No. 18090 Another Important New USERRA Case
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19016 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 3
• No. 19024 USERRA and Pension Rights of Airline Pilots
• No. 19030 USERRA Protects Absence from Civilian Job for Examination To Determine Fitness To Serve
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19033 USERRA Precludes Employer-Initiated Lawsuits
• No. 19046 How Much Notice Must I Give my Employer?
• No. 19052 Is she Entitled to Seniority and Pension Credit for the Entire Period of Absence from the Job Necessitated by her Service?
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19066 You Must Meet USERRA’s Five Conditions for Reemployment to have the Right to an Accommodation for a Service-Connected Disability or The Right to the Special Protection against Discharge
• No. 19067 You Don’t Need Prior Approval of your Federal Agency Employer To Join a Reserve Component of the Armed Forces
• No. 19071 Mobilization Interrupts Start of New Job
• No. 19074 State Laws Protecting the Civilian Jobs of National Guard Members on State Active Duty—Do they Apply to Federal Employees?
• No. 19113 You Are Required To Provide Documentation to your Employer when Applying for Reemployment After a Period of Service of 31 Days or More
• No. 20007 Important New USERRA Case—Part 1
• No. 20035 The Situation Has Changed, But USERRA Has Not
• No. 20040 You Have the Right to Time Off from your Civilian Job To Travel to Your Drill Weekend and To Arrive in a “Fit for Duty” Condition
• No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
• No. 20042 EEOC Flouts USERRA
• No. 20045 Yes, USERRA Applies to Retired Regular Officers
• No. 20046 Being Retained on Active Duty under a “Stop Loss” Order Does Not Cause you To Exceed USERRA’s Five-Year Limit And Lose your Right to Reemployment
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21028 You Have the Right To Depart your Civilian Job Early, before you Start Active Duty, To Get your Affairs in Order.
• No. 21044 I Was Injured while on Active Duty—What DoI Do Now?
• No. 21052 Don’t Lambaste the Serial Volunteers, But Don’t Give them all the Duty they Want.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21056 USERRA Protects Inactive Duty Training and Active  Duty for Training for Retirement Points Only.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member
• No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
• No. 22041 Not Everything that You Do for the USNR Qualifies as “Service in the Uniformed Services” for USERRA Purposes.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22053 Joe Smith Has the Right to Reemployment at your Federal Agency, Despite his “Resignation” when he Left his Job to Enlist in the Army.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 22073 What Is “Noncareer” Service? Does USERRA Protect Career Service?
• No. 22074 Do Not Give your Civilian Employer “Ammunition” in Support of an Argument that you Have “Abandoned” your Civilian Career.
• No. 23001 USERRA, the SCRA, and Military Recruiting
• No. 23008 USERRA Precludes Suits Initiated by Employers
• No. 23009 USERRA’s Five-Year Limit Has Nine Exceptions. One Exception Is for Service, beyond Five Years, To Complete the Member’s Initial Active Service Obligation
• No. 23015 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 4

1.3.1.2 Character & Duration of Service

• No. 006 Character and Duration of Service
• No. 030 Does USERRA Apply to Voluntary Service?
• No. 042 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. 09011 Layoffs and the Special Protection Period
• No. 09024 Dot the I’s and Cross the T’s
• No. 09037 You Must Apply for Reemployment-Part 2
• No. 09068 The Five Year Limit
• No. 09069 Only Really Serious Miscreants Lose Their Reemployment Rights for Misconduct During Service
• No. 10020 Progress on Bill Adding an Additional Exemption from the 5-Year Limit
• No. 10019 The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
• No. 10033 What Is “Noncareer” Service?
• No. 10043 Does a Merger Reset My Five-Year Clock?  No.
• No. 10054 Don’t Do Your Reserve Work on Your Employer’s Time
• No. 10097 Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
• No. 10098 Paid Military Leave for National Guard Technicians
• No. 11001 Concessions on All Sides: Employers, as well as Reservists, must bear the brunt of the extended deployments and separation from work.
• No. 11002 USERRA’s Five-Year Limit Applies to Employer Relationship
• No. 11009 USERRA Does Not Protect Absence from Work To Attend DEP Meetings
• No. 11015 No Age Limit on USERRA Protection
• No. 11019 USERRA and Public Sector Pension Plans
• No. 11023 The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
• No. 11025 Furloughs and the Five-Year Limit
• No. 11026 Can We Fire Him for Going over the Five-Year Limit?
• No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
• No. 11031 Not Everything You Do for Your Reserve Component Is Protected by USERRA
• No. 11036 Not Used
• No. 11045 Back to Work: Timely application for reemployment is essential.
• No. 11099 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. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
• No. 12014 Air Force Progress on Exemptions to USERRA’s Five-Year Limit
• No. 12019 Computation of Civilian Pension Upon Returning to Work After Service
• No. 12023 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
• No. 12027 One More Exemption From USERRA’s Five-Year Limit
• No. 12030 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
• No. 12034 Coast Guard Reservist Needs Drill Credit for Medical Appointment
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12054 Reemployment Rights in Student Job on Campus
• No. 12059 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12075 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
• No. 12094 Who Gets To Decide that a Period of Service Is Exempt from the Five-Year Limit under USERRA?
• No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
• No. 13032 A Great American Company Must Reemploy Great American Service Members
• No. 13034 Does Medical Hold Time Count toward the Individual’s Five Year Limit under USERRA?
• No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
• No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
• No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13067 Notice Before and Documentation After Military Service
• No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13082 Escalator Principle Not Limited to Automatic Promotions—District of Puerto Rico Gets it Wrong
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
• No. 13096 You Must Track Your Five Year Limit
• No. 13099 This Is Not your Father’s National Guard
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
• No. 13138 USERRA Pension Credit for Military Service Beyond Five Years
• No. 13153 Is it Unlawful for my Civilian Employer to Contact the Commanding Officer of my National Guard Unit?
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14005 Abandonment Doctrine Rests on Slender Reed
• No. 14015 Civilian Pension Credit for Long Period of Military Service
• No. 14022 Make-Up Contributions to Your Defined Contribution Pension Plan
• No. 14026 USERRA’s Five-Year Limit—Why is it so Complicated?
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14039 Protect Your Rights By Understanding Them
• No. 14040 Is the Service Member Required to Keep the Employer Informed of Extensions of the Active Duty Period?
• No. 14042 USERRA Rights of Reservist During Drill Weekend
• No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15045 Reemployment Rights with the Successor in Interest
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15050 Reemployment Rights as an ANG Technician
• No. 15053 USERRA 101 Final Exam
• No. 15054 You Must Apply for Reemployment—Part 6
• No. 15056 What Is “Service in the Uniformed Services” for USERRA Purposes?
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15071 New Air Force Memorandum on USERRA’s Five-Year Limit
• 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. 15075 USERRA Applies to Voluntary as well as Involuntary Military Service
• No. 15078 State Budget Crisis Does Not Excuse USERRA Violation
• No. 15081 You Must Leave Active Duty and Apply for Reemployment to Obtain Civilian Pension Credit for your Military Service Time
• No. 15082 You Must Stay within the Five-Year Limit To Obtain Civilian Pension Credit for Military Service Time
• No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15089 Proposals to Improve USERRA
• No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
• No. 15101 Location Is an Aspect of Status
• No. 15108 NDAA 2016 Fixes USERRA Glitch
• No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
• No. 16029 Dot the Is and Cross the Ts To Obtain Reemployment
• No. 16035 USERRA Applies to Local Government
• No. 16043 You Must Keep Track of your own Five Year Limit
• No. 16050 DOJ Wins USERRA Case
• No. 16053 Airline Must Comply with USERRA regarding Pensions
• No. 16063 USERRA Rights of the Wounded Warrior No. 16067 USERRA’s Five-Year Limit Applies to the Employer Relationship
• No. 16067 USERRA’s Five-Year Limit Applies to the Employer Relationship
• No. 16072 USERRA and the Career Intermission Program
• No. 16075 Who Decides that a Period of Service Is Exempt from USERRA’s Five-Year Limit?
• No. 16096 USERRA Overrides the Collective Bargaining Agreement
• No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
• No. 16101 USERRA in the Virginia Supreme Court
• No. 16105 The Posse Comitatus Act and the Activated Reservist
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 16111 USERRA Applies to Individuals Performing Regular Military Service, as well as those who Serve in the Guard or Reserve
• No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
• No. 17002 USERRA and the Military Personnel Officer
• No. 17014 If a Reserve Component Service Member Is Called to or Retained on Active Duty for Medical Treatment, that Period of Active Duty Should Be Exempted from the Computation of the Member’s Five-Year Limit.
• No. 17014 If a Reserve Component Service Member Is Called to or Retained on Active Duty for Medical Treatment, that Period of Active Duty Should Be Exempted from the Computation of the Member’s Five-Year Limit.
• No. 17024 Don’t Apply for Reemployment until you Are Ready To Return to Work
• No. 17027 Don’t Let USERRA’s Five-Year Limit Bite You
• No. 17035 USERRA Rights of Airline Pilot Injured while on Active Duty
• No. 17044 USERRA Precludes Employer-Initiated Lawsuits
• No. 17050 Yes, AFTPs are Protected by USERRA
• No. 17051 USERRA and the 401(k) Account at your Pre-Service Employer
• No. 17056 USERRA Does Not Permit a Declaratory Judgment Suit Initiated by the Employer
• No. 17064 We Must Maintain Employer Support for Reserve Component Members
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 17087 The Civilian Employer Does Not Get a Veto
• No. 17090 Pension Credit for Military Service Time Is Not Limited to Five Years
• No. 17092 Applying Section 4318 of USERRA to the Situation of a Returning National Guard Member
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 17103 Helping the Army Reserve Work Out Problems with the Civilian Employers of Army Reserve Soldiers
• No. 17105 Executive Order Authorizes Air Force To Recall up to 1,000 Retired Aviators to Active Duty—Yes, they Will Have USERRA Rights
• No. 17110 Yes, USERRA Applies to 12304b Duty
• No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
• No. 17113 Using your Vacation Does Not Mean that the Period of Service Does Not Count toward the Five-year Limit
• No. 17119 Military Personnel Officers Need to Dot is and Cross Ts with respect to USERRA’s Five-Year Limit
• No. 17120 The Five-Year Limit Is Based on your Periods of Service, Not Absence from the Civilian Job
• No. 17121 You Are Entitled to Seniority and Pension Credit for the Entire  Period that you Were away from your Job for Military Service
• No. 17122 Involuntary Service Does Not Count Toward Exhausting your Five-Year Limit under USERRA
• No. 17126 You Don’t Need an Honorable Discharge To Have the Right to Reemployment under USERRA
• No. 18026 Duty under 10 U.S.C. 12301(d) Can Be Exempt from the Five-Year Limit under USERRA
• No. 18031 I Think that I Am Entitled to Reemployment under State Law although I Will Be beyond USERRA’s Five-Year Limit
• No. 18039 You Don’t Have To Be a Perfect Soldier To Get your Job Back
• No. 18040 No Reemployment for Army Deserter
• No. 18056 Veteran with Entry Level Separation Has the Right to Reemployment
• No. 18062 USERRA Requires Employers To Post a USERRA Rights Notice
• No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18079 Is the Federal Government a Single Employer for Purposes of USERRA’s Five-Year Limit?—I Have Reconsidered.
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 18090 Another Important New USERRA Case
• No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
• No. 18097 Am I Eligible for the Extra 22 Days of Paid Military Leave as a Federal Civilian Employee?
• No. 18098 Yes, Reservists Can Be Called up for Domestic Emergencies
• No. 18099 The Employer Is Required To Treat you as if you Had Been Continuously Employed in the Civilian Job for Civilian Pension Purposes, but only upon Reemployment under USERRA
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 18104 DOL-VETS Fact Sheet on USERRA Gets the Five-Year Limit Wrong
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 18112 Does my Initial Training in the Army National Guard Count toward my Five-Year Limit?
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19011 USERRA Rights of the Returning Veteran
• No. 19018 Returning to a Federal Civilian Job while on Terminal Leave
• No. 19022 New Department of the Air Force Memorandum on USERRA’s Five-Year Limit and the Exemptions from the Limit
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19032 Don’t Conflate the Five-Year Limit with the 90-day Deadline To Apply for Reemployment
• No. 19033 USERRA Precludes Employer-Initiated Lawsuits
• No. 19047 DOJ Sues the Warren County Board of Education again
• No. 19052 Is she Entitled to Seniority and Pension Credit for the Entire Period of Absence from the Job Necessitated by her Service?
• No. 19053 They Told me that my Orders Are “USERRA-Exempt.” Does that Mean that I Don’t Get my Job back?
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19062 New Army Memorandum on USERRA’s 5-Year Limit
• No. 19070 New Department of the Navy Memo on USERRA’s Five-Year Limit
• No. 19083 USERRA Is a Floor and not a Ceiling
• No. 19106 DOD Instruction 1205.12 Is Wrong and Should Be Rewritten
• No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20031 Sergeant Major Erickson’s Long Struggle with the USPS May Be Finally Coming to an End
• No. 20034 Can my Employer and the Union Agree To Exclude a Period of Uniformed Service from the USERRA Five-Year Limit?
• No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
• No. 20038 Yes, Coast Guard Reservists Can Be Called to Active Duty Involuntarily for Domestic Emergencies
• No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
• No. 20042 EEOC Flouts USERRA
• No. 20045 Yes, USERRA Applies to Retired Regular Officers
• No. 20046 Being Retained on Active Duty under a “Stop Loss” Order Does Not Cause you To Exceed USERRA’s Five-Year Limit And Lose your Right to Reemployment
• No. 20049 USERRA Forbids Employer Harassment of Reserve Component Personnel
• No. 20056 You Must Stay within the Five-Year Limit To Get USERRA Pension Credit for your Military Service Time.
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension
• No. 21052 Don’t Lambaste the Serial Volunteers, But Don’t Give them all the Duty they Want.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
• No. 22015 USERRA Was Recently Amended To Make it Apply to State Active Duty Performed by National Guard Members. How Does that Affect USERRA’s Five-Year Limit?
• No. 22017 You Were Entitled to Reemployment in 2012 Because you Had Not Exceeded USERRA’s Five-Year Limit
• No. 22036 Because Joe Smith Met the Five USERRA Conditions for his 2018-21 Active-Duty Period, You Must Give him Civilian Pension Credit for the Entire Period that he Was away from Work for Service.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22055 An ESGR Briefing Does Not Cover the Details of USERRA.
• No. 22056 It Is Unlawful for your Pre-Service Employer, a Federal Agency, To Fire you for Exceeding the Five-Year Limit.
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
• No. 22073 What Is “Noncareer” Service? Does USERRA Protect Career Service?
• No. 22074 Do Not Give your Civilian Employer “Ammunition” in Support of an Argument that you Have “Abandoned” your Civilian Career.
• No. 23001 USERRA, the SCRA, and Military Recruiting
• No. 23009 USERRA’s Five-Year Limit Has Nine Exceptions. One Exception Is for Service, beyond Five Years, To Complete the Member’s Initial Active Service Obligation
• No. 23011 Enforcing USERRA against a Private Employer
• No. 23022 USERRA’s Five-Year Limit Applies to the Cumulative Period of Uniformed Service that you Have Performed with Respect to the Employer Relationship for which you Seek Reemployment, Not the Cumulative Days of Absence from the Civilian Job.
• No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.
• No. 23035 Yes, You Have the Right to Reemployment with the Successor in Interest to your Pre-Service Employer, but you Don’t Get a Fresh Five-Year Limit. You Can’t Have it Both Ways.

1.3.1.3 Timely Application for Reemployment

• No. 007 Deadline for Returning to Work
• No. 060 Escalator Principle Applies to Entire Period of Military-Related Absence
• No 077: I Am Being Demobilized. What About My Civilian Job? (With sample re-employment letter)
• No. 086 Does He Lose His Civilian Job For Failure To Use The Magic Words?
• No. 091 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. 09010 You Must Apply for Reemployment after You Leave Active Duty
• No. 09024 Dot the I’s and Cross the T’s
• No. 09037 You Must Apply for Reemployment-Part 2
• No. 09061 Your Civilian Job and USERRA: Beware of Gaps in Your Period of Service, And Maintain a Proper Balance of Military and Civilian Responsibilities
• No. 09063 You Must Apply for Reemployment – Part 3
• No. 09070 Timely Application for Reemployment
• No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
• No. 10022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
• *No. 10028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
• No. 10030 Prior Notice to the Civilian Employer Need Not Be in Writing
• No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
• No. 11034 Protection against Discharge after Reemployment
• No. 11039 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
• No. 11045 Back to Work: Timely application for reemployment is essential.
• No. 11094 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. 12017 You Must Apply for Reemployment- Part 3
• No. 12038 Why Can’t I Retire From My Civilian Job While I am on Active Duty?
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12054 Reemployment Rights in Student Job on Campus
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12107 Reemployment Rights for Laid Off Employees
• 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. 13031 State of Nevada Finally Complies with USERRA
• No. 13035 Another New and Favorable USERRA Case
• No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13067 Notice Before and Documentation After Military Service
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13117 Applying for Reemployment is not Applying for Employment
• No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
• No. 13145 Important New USERRA Case in Fifth Circuit
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14010 Requirement to Provide Documentation to Employer only Applies after Periods of Service of 31 or More Days
• No. 14013 DD-214 Delay Could Delay Retirement from Civilian Career
• No. 14012 Returning to Work with Two Bad Shoulders
• No. 14011 What Sort of Documentation Must I Provide?
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14039 Protect Your Rights By Understanding Them
• No. 14042 USERRA Rights of Reservist During Drill Weekend
• No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
• No. 14045 What is an Application for Reemployment?
• No. 14073 After 42 Days of IMA Duty, How Long Do I Have to Report back to my Civilian Job?
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15040 You Must Apply for Reemployment—Part 4
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15053 USERRA 101 Final Exam
• No. 15054 You Must Apply for Reemployment—Part 6
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15060 Beware of Asserting Inconsistent Claims
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• 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. 15101 Location Is an Aspect of Status
• No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16021 Does USERRA Give me the Right to Time Off from my Civilian Job for an Interview about Reassignment to a new Guard Unit?
• No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
• No. 16035 USERRA Applies to Local Government
• No. 16050 DOJ Wins USERRA Case
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16093 Section 4312(e)(1)(A) Authorizes a Delay in your Application for Reemployment; It Does not Give you Two Years off from Work.
• No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
• No. 16100 Don’t Do Military Duty on a Sick Leave Day
• No. 16101 USERRA in the Virginia Supreme Court
• No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
• No. 16113 Reflections on 40 Years as a Lawyer
• No. 16127 It Is Unlawful for an Employer To Delay Reemployment by Demanding Documentation that Is Not Readily Available.
• No. 17002 USERRA and the Military Personnel Officer
• No. 17024 Don’t Apply for Reemployment until you Are Ready To Return to Work
• No. 17027 Don’t Let USERRA’s Five-Year Limit Bite You
• No. 17051 USERRA and the 401(k) Account at your Pre-Service Employer
• No. 17070 USERRA and Noncompete Agreements
• No. 17075 Recent 5th Circuit Case on Rights of Reservist after Returning from Drill Weekend
• No. 17077 USERRA Rights of the Returning Veteran Trump the Rights of the Incumbent
• No. 17121 You Are Entitled to Seniority and Pension Credit for the Entire  Period that you Were away from your Job for Military Service
• No. 18029 Don’t Try To Work at your Civilian Job while on Active Duty—Part 2
• No. 18038 You Must Use Your 22 Extra Days of Paid Military Leave During your Period of Contingency Active Duty
• No. 18051 To Get Pay Raises that you Would Have Received if Continuously Employed you Must Return to the Pre-Service Employer
• No. 18055 You Must Track your own Five-Year Limit—Part 2
• No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 18090 Another Important New USERRA Case
• No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
• No. 18099 The Employer Is Required To Treat you as if you Had Been Continuously Employed in the Civilian Job for Civilian Pension Purposes, but only upon Reemployment under USERRA
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19011 USERRA Rights of the Returning Veteran
• No. 19016 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 3
• No. 19018 Returning to a Federal Civilian Job while on Terminal Leave
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19032 Don’t Conflate the Five-Year Limit with the 90-day Deadline To Apply for Reemployment
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19076 Don’t Sleep on your Rights, because if you Snooze you Lose
• No. 19080 Apply for Reemployment when you Return from Military Service although the Employer Purportedly Fired you on the way out the Door
• No. 19084 The Company’s Personnel Director Is Not your Friend, and she Has No Obligation To Explain to you your Legal Rights
• No. 19085 The Vietnam Era Veterans’ Readjustment Assistance Act Does Not Require Employers To Notify Employees about USERRA
• No. 19099 Multiple Tours of Active Duty with Short Breaks
• No. 19105 The Coast Guard and USERRA’s Five-Year Limit-The Title 14 Section Numbers Have Changed
• No. 19106 DOD Instruction 1205.12 Is Wrong and Should Be Rewritten
• No. 19113 You Are Required To Provide Documentation to your Employer when Applying for Reemployment After a Period of Service of 31 Days or More
• No. 20002 Favorable USERRA Decision by the 8th Circuit—Part 1
• No. 20003 Favorable USERRA Decision by the 8th Circuit—Part 2 What Is an Application for Reemployment?
• No. 20004 Favorable USERRA Decision by the 8th Circuit—Part 3 The Army and the National Guard Should Help the Wounded Warrior To Secure his or her USERRA Rights
• No. 20007 Important New USERRA Case—Part 1
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20031 Sergeant Major Erickson’s Long Struggle with the USPS May Be Finally Coming to an End
• No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
• No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
• No. 20045 Yes, USERRA Applies to Retired Regular Officers
• No. 20046 Being Retained on Active Duty under a “Stop Loss” Order Does Not Cause you To Exceed USERRA’s Five-Year Limit And Lose your Right to Reemployment
• No. 20063 More on Successor in Interest and USERRA
• No. 21004 More on Successor in Interest and USERRA
• No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
• No. 21036 Reporting back to Work after Weekend Drills
• No. 21037 Don’t Apply for Reemployment until you Are Ready To Return to Work.
• No. 21044 I Was Injured while on Active Duty—What DoI Do Now?
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21056 USERRA Protects Inactive Duty Training and Active  Duty for Training for Retirement Points Only.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member
• No. 21081 Her Application for Reemployment Was Timely, and it Was Unlawful For the Employer to Make her Use PTO for the Week between her Release from Active Duty and her Application for Reemployment.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22010 When You Leave a Federal Agency for Military Service, I Suggest that You Apply for Reemployment at the Same Agency, but Applying at a Different Agency May Not Be Fatal to Your Rights.
• No. 22012 Securing your Pension Rights when you Return to Federal Civilian Employment after Military Service
• No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
• No. 22068 If You Leave a Federal Civilian Job for Military Service, You Must Apply for Reemployment with the Same Federal Agency after Leaving Active Duty. Applying for a New Federal Job Is Not Equivalent to Applying for Reemployment.
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
• No. 22074 Do Not Give your Civilian Employer “Ammunition” in Support of an Argument that you Have “Abandoned” your Civilian Career.
• No. 23009 USERRA’s Five-Year Limit Has Nine Exceptions. One Exception Is for Service, beyond Five Years, To Complete the Member’s Initial Active Service Obligation
• No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.

1.3.1.4 Affirmative Defenses

• No. 081 Is It Impossible Or Unreasonable To Reinstate Me?
• No. 0857 You Cannot Waive Your Reemployment Rights Until You Return from Service
• No. 09036 Ethan Allen Is Rolling Over in his Grave
• No. 11010 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
• No. 12063 Bill Introduced to Narrow One of USERRA’s Affirmative Defenses
• No. 12089 Affirmative Defenses under USERRA
• No. 12090 You only Need one Employee to Be an Employer for Purposes of USERRA
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 15074 Descending Escalator or Employer’s Changed Circumstances?
• No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16029 Dot the Is and Cross the Ts To Obtain Reemployment
• No. 16037 Affirmative Defenses under USERRA
• No. 16093 Section 4312(e)(1)(A) Authorizes a Delay in your Application for Reemployment; It Does not Give you Two Years off from Work.
• No. 17031 How Does USERRA’s Escalator Principle Apply to Government Contractors
• No. 18072 Don’t Apply for Reemployment until you Are Ready To Return to Work—Part 2
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 18107 Major League Baseball Network Apprenticeship Program Requires USAR Soldiers To Certify that they Won’t Volunteer for Deployment To Be Considered for the Opportunity—Does that Violate USERRA?
• No. 20004 Favorable USERRA Decision by the 8th Circuit—Part 3 The Army and the National Guard Should Help the Wounded Warrior To Secure his or her USERRA Rights
• No. 20005 Favorable USERRA Decision by the 8th Circuit—Part 3 The Judicial Estoppel Issue
• No. 20008 Important New USERRA Case—Part 2

1.3.2 Entitlements

• No. 008 Entitlements of the Returning Veteran
• No. 061 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. 073 Immediate Reinstatement of Air National Guard Member Who Had Smallpox Vaccination
• No. 095 Two Veterans Returning to the Same Position
• No. 129 Right To Prompt Reinstatement Despite Temporary Disability
• No. 0829 Replacement Employees
• No. 09031 DOJ Sues California Department of Corrections
• No. 09053 Joint Employment Doctrine Under USERRA-Continued
• No. 11011 DOJ Settles USERRA Suit Against Titan Laboratories
• No. 11039 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
• No. 11073 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. 12054 Reemployment Rights in Student Job on Campus
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 14032 New USERRA Case from the 8th Circuit
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15116 New USERRA Primer
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16035 USERRA Applies to Local Government
• No. 16049 The Right to 15 Days of Paid Military Leave Applies to Federal Employees, Not Employees of Federal Contractors
• No. 16050 DOJ Wins USERRA Case
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16105 The Posse Comitatus Act and the Activated Reservist
• No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
• No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
• No. 16127 It Is Unlawful for an Employer To Delay Reemployment by Demanding Documentation that Is Not Readily Available.
• No. 17028 Federal Employee Is Exempted from the Descending Escalator
• No. 17031 How Does USERRA’s Escalator Principle Apply to Government Contractors
• No. 17035 USERRA Rights of Airline Pilot Injured while on Active Duty
• No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
• No. 18047 Sections 4314 and 4315 of USERRA-OPM’s Responsibilities under USERRA
• No. 18054 You Have the Right to Reemployment even if that Means that another Employee Must Be Displaced
• No. 18058 Instructive New USERRA Case
• No. 18072 Don’t Apply for Reemployment until you Are Ready To Return to Work—Part 2
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 19011 USERRA Rights of the Returning Veteran
• No. 19024 USERRA and Pension Rights of Airline Pilots
• No. 19033 USERRA Precludes Employer-Initiated Lawsuits
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19104 Recent Favorable Appellate Court Decision on USERRA
• No. 19113 You Are Required To Provide Documentation to your Employer when Applying for Reemployment After a Period of Service of 31 Days or More
• No. 20002 Favorable USERRA Decision by the 8th Circuit—Part 1
• No. 20003 Favorable USERRA Decision by the 8th Circuit—Part 2 What Is an Application for Reemployment?
• No. 20004 Favorable USERRA Decision by the 8th Circuit—Part 3 The Army and the National Guard Should Help the Wounded Warrior To Secure his or her USERRA Rights
• No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
• No. 20047 You Are Entitled to Reinstatement to the Job you Left and Would Have Retained even if that Means that Another Employee Must Be Displaced
• No. 21006 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21023 Neither the Fact that the Assignment Is OCONUS, Nor the “Temporary” Nature of the Assignment, Nor the Fact that the Contract Number Has Changed, Nor the Fact that the Job Has Been Filled Defeats your USERRA Rights.
• No. 21035 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member.
• No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?
• No. 21068 Firing the City Manager Violated USERRA.
• No. 21081 Her Application for Reemployment Was Timely, and it Was Unlawful For the Employer to Make her Use PTO for the Week between her Release from Active Duty and her Application for Reemployment.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22053 Joe Smith Has the Right to Reemployment at your Federal Agency, Despite his “Resignation” when he Left his Job to Enlist in the Army.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 23034 Yes, USERRA Applies to “Temporary” Jobs.

1.3.2.2 Continuous Accumulation of Seniority—Escalator Principle

• No. 053 Retroactive Promotion for Recalled Reservist
• No. 054 Uniformed Service Counts Toward FMLA Thresholds
• No. 060 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. 0842 Seventh Supreme Court Case on Reemployment Statute McKinney v. Missouri-Kansas-Texas Railroad Co.
• 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. 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. 0863 USERRA Applies to Salespersons on Commission
• No. 09007 12th Supreme Court Case Relating to Reemployment Statute  Foster v. Dravo Corp., 420 U.S. 92 (1975)
• No. 09015 13th Supreme Court Case Relating to Reemployment Statute  Alabama Power Co. v. Davis, 431 U.S. 581 (1977)
• No. 09019 14th Supreme Court Case Relating to Reemployment Statute  Coffy v. Republic Steel Corp.,447 U.S. 191 (1980)
• No. 09026 Mobilized Reservists and the Chicago Fire Department
• No. 09032 Furlough or Leave of Absence Clause Revisited
• No. 09033 Promotion and Pay Raise Delayed by Military Service–Am I Entitled to Back Pay?
• No. 09049 Retroactive Seniority Adjustment to Your Civilian Seniority Date Based on Military Interruption of Your Civilian Career
• No. 09054 Military Service Is Not “Just Like Maternity Leave”
• No. 10014 11th Amendment Does Not Bar Suit against a State by the United States
• No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
• No. 10025 Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
• No. 10050 USERRA Applies to Managerial and Executive Jobs
• No. 10067 My Big Bank Will Be Taken Over by Bigger Bank
• No. 11041 Army Reserve Dentist Loses USERRA Case
• No. 11057 How Do I Prove My “Escalator” Case?
• No. 11073 Another Great USERRA Appellate Case
• No. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
• No. 12028 USERRA and the FMLA
• No. 12029 USERRA and the FMLA- Part II
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12069 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
• No. 12082 DOJ Gets Job Back for Mobilized Navy Reservist
• No. 13022 The Escalator Can Descend as well as Ascend
• No. 13025 The Escalator and the Sequester
• No. 13032 A Great American Company Must Reemploy Great American Service Members
• No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
• No. 13045 One Year of Back Pay Is not Enough
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13076 Public Employee Promotion Exam while Mobilized
• No. 13077 The Escalator Can Descend
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13082 Escalator Principle Not Limited to Automatic Promotions—District of Puerto Rico Gets it Wrong
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13127 First Circuit Reemphasizes Broad Scope of the Escalator Principle
• No. 13136 Does USERRA’s Escalator Principle Apply to Defined Contribution Pension Plans?
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14015 Civilian Pension Credit for Long Period of Military Service
• No. 14020 New Jersey Teachers Must be Credited for Military Service Time for Purposes of Layoffs and Recalls from Layoff
• No. 14019 New Jersey Teachers Receive Seniority Credit for Wartime Military Service, Even if it was before Start of Teaching Career
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14074 Right to Use Vacation Days for Military Service
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15045 Reemployment Rights with the Successor in Interest
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15050 Reemployment Rights as an ANG Technician
• No. 15053 USERRA 101 Final Exam
• No. 15054 You Must Apply for Reemployment—Part 6
• No. 15060 Beware of Asserting Inconsistent Claims
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15074 Descending Escalator or Employer’s Changed Circumstances?
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15101 Location Is an Aspect of Status
• No. 15102 What Is the Escalator Principle?
• No. 15116 New USERRA Primer
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16022 What Is Seniority?
• No. 16026 What Is Reasonable Certainty?
• No. 16030 USERRA and Defined Contribution Pension Plans
• No. 16038 Pension Rights in a Defined Contribution Plan
• No. 16053 Airline Must Comply with USERRA regarding Pensions
• No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
• No. 16060 FedEx Violated USERRA in the Computation of a Bonus
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16064 The Air Force Must Comply with USERRA
• No. 16072 USERRA and the Career Intermission Program
• No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
• No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
• No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
• No. 17028 Federal Employee Is Exempted from the Descending Escalator
• No. 17031 How Does USERRA’s Escalator Principle Apply to Government Contractors
• No. 17057 Police Department Must Give Reemployed Service Member the Opportunity To Take a Make-up Promotion Examination
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17083 Accrual and Use of Vacation Before, During and After a Period of Military Service
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 17097 The Escalator Does Not Always Ascend
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 17109 Great New USERRA Victory in the 9th Circuit
• No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
• No. 17116 Enforcing USERRA against the State of Minnesota
• No. 17121 You Are Entitled to Seniority and Pension Credit for the Entire  Period that you Were away from your Job for Military Service
• No. 18014 Escalator Principle Applies to Army Physician
• No. 18038 You Must Use Your 22 Extra Days of Paid Military Leave During your Period of Contingency Active Duty
• No. 18044 National Guard Bureau PowerPoint for Training National Guard Technicians Has It Wrong on USERRA
• No. 18051 To Get Pay Raises that you Would Have Received if Continuously Employed you Must Return to the Pre-Service Employer
• No. 18061 DOL-VETS Has Subpoena Power for USERRA Investigations
• No. 18068 Is it too Late To Sue Blockbuster?
• No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
• No. 18080 Recent USERRA Case—Summary Judgment Denied
• No. 18081 The Returning Veteran Who Meets the USERRA Conditions Is Entitled to Pay Raises that he or she Would Have Received with Reasonable Certainty, but for the Call to the Colors
• No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 18104 DOL-VETS Fact Sheet on USERRA Gets the Five-Year Limit Wrong
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 18106 Make-up Promotion Exam for Reservist on Active Duty and away from his or her Police Officer Job
• No. 18110 USERRA’s Escalator Can Descend as well as Ascend
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 19011 USERRA Rights of the Returning Veteran
• No. 19015 Applying USERRA to the National Guard Technician
• No. 19024 USERRA and Pension Rights of Airline Pilots
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19032 Don’t Conflate the Five-Year Limit with the 90-day Deadline To Apply for Reemployment
• No. 19052 Is she Entitled to Seniority and Pension Credit for the Entire Period of Absence from the Job Necessitated by her Service?
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19072 The Department where you Worked Has Been Abolished—That Does Not Necessarily Mean that you Don’t Have the Right to Reemployment
• No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
• No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
• No. 20043 USERRA’s Escalator Can Descend as well as Ascend
• No. 20047 You Are Entitled to Reinstatement to the Job you Left and Would Have Retained even if that Means that Another Employee Must Be Displaced
• No. 21004 More on Successor in Interest and USERRA
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21023 Neither the Fact that the Assignment Is OCONUS, Nor the “Temporary” Nature of the Assignment, Nor the Fact that the Contract Number Has Changed, Nor the Fact that the Job Has Been Filled Defeats your USERRA Rights.
• No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
• No. 21030 Applying the Escalator Principle to the Hiring Hall
• No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member.
• No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?
• No. 21081 Her Application for Reemployment Was Timely, and it Was Unlawful For the Employer to Make her Use PTO for the Week between her Release from Active Duty and her Application for Reemployment.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22010 When You Leave a Federal Agency for Military Service, I Suggest that You Apply for Reemployment at the Same Agency, but Applying at a Different Agency May Not Be Fatal to Your Rights.
• No. 22014 USERRA’S Escalator Principle Is Great, But There Are Limits
• No. 22016 When You Returned to Federal Civilian Employment, after Active Duty, in October2012, You Should Have Received Step Increases Based on Credit for your Military Service. Perhaps it Is Not Too Late To Fix This.
• No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 22067 DOJ and DOL Secure Favorable Settlement in USERRA Pension Case Involving ROA Life Member and American Airlines.
• No. 23001 USERRA, the SCRA, and Military Recruiting
• No. 23011 Enforcing USERRA against a Private Employer
• No. 23023 If I Am away from my Civilian Job for Voluntary or Involuntary Service in the Uniformed Services, Do I Continue Accruing Annual Leave in My Civilian Job?
• No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.

1.3.2.3 Pension Credit for Service Time

• No. 004 Pension Rights
• No. 009 Pension Rights Continued
• No. 040 Pension Rights Continued
• No. 074 Pension Entitlements Under USERRA
• No. 075 Pension Rights Revisited
• No. 076 Making Up Missed Contributions to Pension Plan
• No. 082 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. 09015 13th Supreme Court Case Relating to Reemployment Statute  Alabama Power Co. v. Davis, 431 U.S. 581 (1977)
• No. 09019 14th Supreme Court Case Relating to Reemployment Statute Coffy v. Republic Steel Corp., 447 U.S. 191 (1980)
• No. 10022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
• No. 10090 Federal Civilian Retirement Credit for Military Service
• No. 11015 No Age Limit on USERRA Protection
• No. 11019 USERRA and Public Sector Pension Plans
• No. 11020 Double Serving Not Double Dipping
• No. 11050 TSP and USERRA
• No. 12017 You Must Apply for Reemployment- Part 3
• No. 12019 Computation of Civilian Pension Upon Returning to Work After Service
• No. 12030 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
• No. 12038 Why Can’t I Retire From My Civilian Job While I am on Active Duty?
• No. 12051 USERRA and Public Sector Defined Benefit Pension Plans
• No. 12059 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
• No. 12061 DOJ Settles USERRA Suit Filed Against United Airlines
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 12083 DOJ Files Class Action USERRA Lawsuit against NYC
• No. 12100 Yes You Can Double-Dip!
• No. 12103 Pension Credit for 1980s Military Service
• No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13068 Federal Thrift Savings Plan and USERRA
• No. 13069 CSRS and USERRA
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 13090 DOJ and NYPD Settle USERRA Class Action Lawsuit
• No. 13113 Pension Credit with State-Local Governments for Pre-1974 Military Service
• No. 13125 Buying Federal Civilian Retirement Credit for Reserve Service
• No. 13133 NYPD Violates USERRA Again
• No. 13136 Does USERRA’s Escalator Principle Apply to Defined Contribution Pension Plans?
• No. 13137 USERRA Pension Review
• No. 13138 USERRA Pension Credit for Military Service Beyond Five Years
• No. 13139 How Much Must I Pay to Obtain State Pension Credit for my Year of Active Duty?
• No. 13142 Texas Teacher Retirement System PDF Gets USERRA Wrong
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 13146 Detroit Bankruptcy and USERRA
• No. 13151 I Think that my Employer Must Make both the Employer and the Employee Contributions to my Pension Plan
• No. 14013 DD-214 Delay Could Delay Retirement from Civilian Career
• No. 14015 Civilian Pension Credit for Long Period of Military Service
• No. 14016 Class Action USERRA Lawsuit against American Airlines Concerning Insufficient Pension Contributions for Pilots Returning to Work after extended Military Leave
• No. 14017 Statute of Limitations and the NYPD Class Action USERRA Laws
• No. 14022 Make-Up Contributions to Your Defined Contribution Pension Plan
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15053 USERRA 101 Final Exam
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15081 You Must Leave Active Duty and Apply for Reemployment to Obtain Civilian Pension Credit for your Military Service Time
• No. 15082 You Must Stay within the Five-Year Limit To Obtain Civilian Pension Credit for Military Service Time
• No. 15083 Yes, You Can Purchase State Public Employee Retirement Credit for Service Academy Time, at Least in California
• No. 15084 Sometimes You Get Federal Employee Retirement Credit for Military Service, and Sometimes such Credit Is Precluded
• No. 15085 Purchasing Federal Civilian Retirement Credit for Active Military Service before You Began Your Federal Civilian Career
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15116 New USERRA Primer
• No. 16025 Airline Employer Must Make Contributions to your Airline Pension Account when you Return from Military Service
• No. 16026 What Is Reasonable Certainty?
• No. 16030 USERRA and Defined Contribution Pension Plans
• No. 16032 April 2016 Important New USERRA Pension Case
• No. 16038 Pension Rights in a Defined Contribution Plan
• No. 16043 You Must Keep Track of your own Five Year Limit
• No. 16053 Airline Must Comply with USERRA regarding Pensions
• No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16072 USERRA and the Career Intermission Program
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 16096 USERRA Overrides the Collective Bargaining Agreement
• No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
• No. 16116 New Federal Employee Should Make Deposit for Previous Active Duty
• No. 16121 When I Return to Work after Military Service, How Much Will I Have To Pay To Reinstate my FERS Retirement Account?
• No. 17047 Important New USERRA Case from the 6th Circuit
• No. 17051 USERRA and the 401(k) Account at your Pre-Service Employer
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17071 ROA Members File Class Action Lawsuit against Southwest Airlines
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17090 Pension Credit for Military Service Time Is Not Limited to Five Years
• No. 17092 Applying Section 4318 of USERRA to the Situation of a Returning National Guard Member
• No. 17095 In Computing your Civilian Pension Benefit, the Employer Must Look to what you Would Have Earned in the Civilian Job but for your Military Service
• No. 17096 Location Is an Aspect of Status
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 17121 You Are Entitled to Seniority and Pension Credit for the Entire  Period that you Were away from your Job for Military Service
• No. 18022 You Can Purchase Federal Civilian Retirement Credit for your Active Duty Time, and this Does Not Affect your Reserve Component Retirement at Age 60
• No. 18032 The Railroad Retirement Board’s Treatment of Absence from Work for Military Service or Training Is Inconsistent with USERRA, But Unfortunately USERRA Does Not Apply
• No. 18034 Right to Civilian Pension Credit for Military Service Prior to the Enactment of USERRA in 1994
• No. 18037 State and Local Government Pension Funds Are in Sad Shape
• No. 18038 You Must Use Your 22 Extra Days of Paid Military Leave During your Period of Contingency Active Duty
• No. 18044 National Guard Bureau PowerPoint for Training National Guard Technicians Has It Wrong on USERRA
• No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
• No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
• No. 18099 The Employer Is Required To Treat you as if you Had Been Continuously Employed in the Civilian Job for Civilian Pension Purposes, but only upon Reemployment under USERRA
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 19004 Relationship between 5 U.S.C. 8332(c)(2) and 38 U.S.C. 4318
• No. 19011 USERRA Rights of the Returning Veteran
• No. 19024 USERRA and Pension Rights of Airline Pilots
• No. 19025 More on the USERRA Pension Rights of the Airline Pilot
• No. 19029 Employer Must Make Prompt Payments to Employee’s Retirement Account after Employee Returns from Military Service
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19032 Don’t Conflate the Five-Year Limit with the 90-day Deadline To Apply for Reemployment
• No. 19044 New USERRA Class Action Lawsuit against American Airlines
• No. 19052 Is she Entitled to Seniority and Pension Credit for the Entire Period of Absence from the Job Necessitated by her Service?
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19079 Military Service during your Career as a Federal Civilian Employee—What Effect on your Civilian Retirement?
• No. 19083 USERRA Is a Floor and not a Ceiling
• No. 19092 Under USERRA, You Are Entitled to Imputed Earnings during The Time You Were Away from Work for Service
• No. 19093 USERRA Lawsuit against SWA Is Settled
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
• No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
• No. 20043 USERRA’s Escalator Can Descend as well as Ascend
• No. 20053 Returning to Work for a Different Federal Agency—Be Sure that you Get USERRA Pension Credit for your Period of Service
• No. 20056 You Must Stay within the Five-Year Limit To Get USERRA Pension Credit for your Military Service Time.
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21011 Public Sector Pension Funds Are in Sad Shape—Make Sure that you Have Been Credited for your Military Service Time, as Required by USERRA
• No. 21012 USERRA Applies to Defined Contribution Pension Plans as well as Defined Benefit Plans
• No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
• No. 21040 In a Contributory Pension Plan, You Must Make Up the Missed Employee Contributions to the Pension Plan after you Return to Work.
• No. 21045 Pension Credit for Military Service Time
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member.
• No. 21059 Pension Rights upon Reemployment
• No. 21064 DOJ Sues Guam for Violating USERRA
• No. 21070 It Is Unlawful for an Employer To Discriminate against those who Have Served in the Military regarding Civilian Pension Entitlements.
• No. 21081 Her Application for Reemployment Was Timely, and it Was Unlawful For the Employer to Make her Use PTO for the Week between her Release from Active Duty and her Application for Reemployment.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22010 When You Leave a Federal Agency for Military Service, I Suggest that You Apply for Reemployment at the Same Agency, but Applying at a Different Agency May Not Be Fatal to Your Rights.
• No. 22011 You Are Entitled to Federal Civilian Pension Credit for your 1988-91 Active Duty Period, But Not under USERRA.
• No. 22012 Securing your Pension Rights when you Return to Federal Civilian Employment after Military Service
• No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
• No. 22036 Because Joe Smith Met the Five USERRA Conditions for his 2018-21 Active-Duty Period, You Must Give him Civilian Pension Credit for the Entire Period that he Was away from Work for Service.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 22070 USERRA Requires the Employer To Fund the Returning Veteran’s Pension Account upon Reemployment.
• No. 23001 USERRA, the SCRA, and Military Recruiting
• No. 23011 Enforcing USERRA against a Private Employer
• No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.

1.3.2.4 Status of Returning Veteran

• No. 079 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. 191 Sometimes David Does Beat Goliath
• 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. 09062 Don’t Chafe the Chaplain: Federal agency tells deployed employee it plans to keep his replacement rather than re-hire him
• No. 11073 Another Great USERRA Appellate Case
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15045 Reemployment Rights with the Successor in Interest
• 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. 15078 State Budget Crisis Does Not Excuse USERRA Violation
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15101 Location Is an Aspect of Status
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16023 What Is Status?
• No. 16035 USERRA Applies to Local Government
• No. 17010 USERRA Entitles You to Return to a Position of like Status
• No. 17028 Federal Employee Is Exempted from the Descending Escalator
• No. 17031 How Does USERRA’s Escalator Principle Apply to Government Contractors
• No. 17077 USERRA Rights of the Returning Veteran Trump the Rights of the Incumbent
• No. 17104 Being a Supervisor Is Part of the Status to which the Returning Veteran Is Entitled to under USERRA
• No. 17127 USERRA Applies to Small Employers
• No. 19075 You Can Have the Right to Reemployment in more than one Job
• No. 19090 Court Can Use its Equity Powers To Enforce USERRA
• No. 20047 You Are Entitled to Reinstatement to the Job you Left and Would Have Retained even if that Means that Another Employee Must Be Displaced
• No. 20050 Location Is an Aspect of Status
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them.
• No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?

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. 09033 Promotion and Pay Raise Delayed by Military Service–Am I Entitled to Back Pay?
• No. 15053 USERRA 101 Final Exam
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 18014 Escalator Principle Applies to Army Physician
• No. 18081 The Returning Veteran Who Meets the USERRA Conditions Is Entitled to Pay Raises that he or she Would Have Received with Reasonable Certainty, but for the Call to the Colors
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19075 You Can Have the Right to Reemployment in more than one Job
• No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
• No. 20047 You Are Entitled to Reinstatement to the Job you Left and Would Have Retained even if that Means that Another Employee Must Be Displaced.
• No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?
• No. 22016 When You Returned to Federal Civilian Employment, after Active Duty, in October2012, You Should Have Received Step Increases Based on Credit for your Military Service. Perhaps it Is Not Too Late To Fix This.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 23011 Enforcing USERRA against a Private Employer

1.3.2.6 Health Insurance Reinstatement and Continuation

• No. 010 Health Insurance
• No. 069 Continuation of Health Insurance Coverage While Deployed
• No. 085 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. 10024 Health Insurance Continuation During Service
• No. 10023 Reinstatement of Health Insurance Coverage after Return from Military Service
• No. 11007 I Never Asked To Continue My Health Insurance When I Left the Job To Serve
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 14033 Why Did I Receive this COBRA Notice?
• No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
• No. 14047 State and Local Government Employees Need Effective USERRA Protections
• No. 15116 New USERRA Primer
• No. 17088 USERRA Gives you the Right To Continue your Civilian Health Insurance while you Are on Active Duty, But you Probably Don’t Want To
• No. 17089 Reinstate your Civilian Heath Insurance upon Reemployment
• No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19037 Army Command’s Civilian Personnel Office Needs To Be Retrained on USERRA
• No. 19042 A Person Leaving a Civilian Job to Go on Active Duty Has the Right to Terminate his or her Civilian Health Insurance Coverage and to Reinstate it upon Reemployment
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 20060 Why Did I Receive this COBRA Notice after I Left my Job To Go on Active Duty?
• No. 21024 Federal Employee Called to the Colors as RC Member Is Entitled to Continued Civilian Health Insurance Coverage for Free.
• No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?

1.3.2.7 Adequate Rest Before and After Service

• No. 070 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
• No. 12112 I Need Time off from my Job to Travel to my Drill Weekend
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15053 USERRA 101 Final Exam
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16021 Does USERRA Give me the Right to Time Off from my Civilian Job for an Interview about Reassignment to a new Guard Unit?
• No. 16039 Opportunity To Telecommute Is a Benefit of Employment Protected by USERRA
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 18076 Army Reservist Prevails in Important USERRA Case
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19063 Excellent New Appellate Case on USERRA
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20040 You Have the Right to Time Off from your Civilian Job To Travel to Your Drill Weekend and To Arrive in a “Fit for Duty” Condition
• No. 21036 Reporting back to Work after Weekend Drills
• No. 21037 Don’t Apply for Reemployment until you Are Ready To Return to Work.
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.

1.3.2.8 Training or Retraining

• No. 11010 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
• No. 14003 Enforcing USERRA against the State of Missouri

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. 09031 DOJ Sues California Department of Corrections
• No. 11039 Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
• No. 11044 PTSD, USERRA, and the State of New Mexico
• No. 11085 USERRA and the National Football League
• No. 11110 As Civilian Employer, Army Harasses and Abuses Disabled Veteran
• No. 12063 Bill Introduced to Narrow One of USERRA’s Affirmative Defenses
• No. 12089 Affirmative Defenses under USERRA
• No. 13035 Another New and Favorable USERRA Case
• No. 13046 Wounded Warriors and the Americans with Disabilities Act
• No. 14012 Returning to Work with Two Bad Shoulders
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14042 USERRA Rights of Reservist During Drill Weekend
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15053 USERRA 101 Final Exam
• No. 15057 Returning to Police Officer Job with PTSD
• No. 15060 Beware of Asserting Inconsistent Claims
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15116 New USERRA Primer
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
• No. 16009 USERRA Rights of Wounded National Guard Technician
• No. 16063 USERRA Rights of the Wounded Warrior
• No. 16093 Section 4312(e)(1)(A) Authorizes a Delay in your Application for Reemployment; It Does not Give you Two Years off from Work.
• No. 16101 USERRA in the Virginia Supreme Court
• No. 17003 Did I Waive my USERRA Rights as a Disabled Veteran when I Asked the Employer To Reinstate me and Put me on Sick Leave?
• No. 17014 If a Reserve Component Service Member Is Called to or Retained on Active Duty for Medical Treatment, that Period of Active Duty Should Be Exempted from the Computation of the Member’s Five-Year Limit.
• No. 17035 USERRA Rights of Airline Pilot Injured while on Active Duty
• No. 17058 USERRA Rights of the Returning Disabled Veteran
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17115 Enforcing USERRA against a State—Good News from Texas
• No. 18036 Returning Service Member Who Is Medically Disqualified from Flying Airliners Is Entitled To Return to Payroll and Use Accrued Sick Leave
• No. 18059 Beware of Asserting Inconsistent Claims—Part 2
• No. 18085 Medical Appointments for Service-Connected Disability Do Not Amount to “Service in the Uniformed Services” for Purposes of USERRA
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19066 You Must Meet USERRA’s Five Conditions for Reemployment to have the Right to an Accommodation for a Service-Connected Disability or The Right to the Special Protection against Discharge
• No. 19076 Don’t Sleep on your Rights, because if you Snooze you Lose
• No. 19082 Special Additional Sick Leave for New Federal Employees who Are Disabled Veterans
• No. 20002 Favorable USERRA Decision by the 8th Circuit—Part 1
• No. 20003 Favorable USERRA Decision by the 8th Circuit—Part 2 What Is an Application for Reemployment?
• No. 20004 Favorable USERRA Decision by the 8th Circuit—Part 3 The Army and the National Guard Should Help the Wounded Warrior To Secure his or her USERRA Rights
• No. 20006 Recent Favorable USERRA Precedent—Part 5 USERRA Rights of Wounded Warriors
• No. 20007 Important New USERRA Case—Part 1
• No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
• No. 21044 I Was Injured while on Active Duty—What DoI Do Now?
• No. 22061 State Agencies Must Comply with USERRA.

1.3.2.10 Furlough or Leave of Absence Clause

• No. 041 USERRA Rights During Service
• No. 058 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. 09032 Furlough or Leave of Absence Clause Revisited
• No. 09033 Promotion and Pay Raise Delayed by Military Service–Am I Entitled to Back Pay?
• No. 09054 Military Service Is Not “Just Like Maternity Leave”
• No. 10004 Generous Employer Not Required to Remain Generous
• No. 12007 Can I Sell My Holiday Time?
• No. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14033 Why Did I Receive this COBRA Notice?
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15116 New USERRA Primer
• No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 16122 My Employer Fired me when I Was on the way out the Door
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17071 ROA Members File Class Action Lawsuit against Southwest Airlines
• No. 17083 Accrual and Use of Vacation Before, During and After a Period of Military Service
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 18044 National Guard Bureau PowerPoint for Training National Guard Technicians Has It Wrong on USERRA
• No. 18069 Relocation Bonus Contract Does Not Override USERRA
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19026 New Lawsuit against Southwest Airlines for Violating USERRA
• No. 19034 Am I Required To Exhaust Remedies through the Union Agreement before I Sue my Employer For Violating USERRA? No
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19096 I Have Been Denied the Right To Telework because of my USAR Service
• No. 20042 EEOC Flouts USERRA
• No. 20052 Important New Case on the Furlough or Leave of Absence Clause
• No. 21014 Important New Case on the Furlough or Leave of Absence Clause
• No. 21015 New USERRA Lawsuit by Jayson Huntsman
• No. 21016 Another “Furlough or Leave of Absence” Case
• No. 21017 Still Another “Furlough or Leave of Absence” Case
• No. 21041 It Is Unlawful To Copy your Military ID.
• No. 21046 USERRA’s Furlough or Leave of Absence Clause Is Not Just for Airline Pilots.
• No. 21050 Am I Entitled to Paid Military Leave?
• No. 21067 The 3d Circuit, like the 7th Circuit, Has Agreed with ROA’s Position on USERRA’s “Furlough or Leave of Absence” Clause
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22053 Joe Smith Has the Right to Reemployment at your Federal Agency, Despite his “Resignation” when he Left his Job to Enlist in the Army.
• No. 22057 National Guard Technicians Are Not Entitled To Receive Paid Military Leave under 5 U.S.C. § 6323(a)(1) when they Are on AGR Duty. They Are Entitled to Paid Military Leave when they Are on other forms of Military Duty.
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
• No. 23010 Paid Military Leave for State Employees Is Usually a Matter of State Law, and the State Laws Vary Greatly
• No. 23023 If I Am away from my Civilian Job for Voluntary or Involuntary Service in the Uniformed Services, Do I Continue Accruing Annual Leave in My Civilian Job?
• No. 23026 We Are Now 3-0 in the Courts of Appeals on our Interpretation of USERRA’s Furlough or Leave of Absence Clause.

1.3.2.11 Vacations, Holidays, and Days Off

• No. 026 Use of Vacation for Military Service
• No. 059 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. 09003 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967)
• No. 09007 12th Supreme Court Case Relating to Reemployment Statute  Foster v. Dravo Corp., 420 U.S. 92 (1975)
• No. 12007 Can I Sell My Holiday Time?
• No. 12049 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekendt>
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
• No. 13115 Notice to your Civilian Employer before AGR Duty
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14039 Protect Your Rights By Understanding Them
• No. 14074 Right to Use Vacation Days for Military Service
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15041 Seniority for PHS Officers within the BOP Medical System
• No. 15116 New USERRA Primer
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 16100 Don’t Do Military Duty on a Sick Leave Day
• No. 16125 Under USERRA, you Have the Right To Take “Paid Time Off” for Military Duty
• No. 17083 Accrual and Use of Vacation Before, During and After a Period of Military Service
• No. 17113 Using your Vacation Does Not Mean that the Period of Service Does Not Count toward the Five-year Limit
• No. 17118 The Collective Bargaining Agreement Cannot Deprive the Service Member of the Right To Bid on a Vacation Time
• No. 18036 Returning Service Member Who Is Medically Disqualified from Flying Airliners Is Entitled To Return to Payroll and Use Accrued Sick Leave
• No. 18090 Another Important New USERRA Case
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 19011 USERRA Rights of the Returning Veteran
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19087 Do I Have To Work on my Day Off? Part Two
• No. 20042 EEOC Flouts USERRA
• No. 20057 You Have the Right To Use Vacation Days or other Paid Time Off for Your Military Duty, without Regard to State Law, the Collective Bargaining Agreement, or the Employer’s Policy
• No. 20058 Paid Military Leave for Federal Civilian Employees
• No. 21081 Her Application for Reemployment Was Timely, and it Was Unlawful For the Employer to Make her Use PTO for the Week between her Release from Active Duty and her Application for Reemployment.
• No. 22014 USERRA’S Escalator Principle Is Great, But There Are Limits
• No. 22030 Cashing out your Paid Time Off while you Are on Active Duty
• No. 22041 Not Everything that You Do for the USNR Qualifies as “Service in the Uniformed Services” for USERRA Purposes.
• No. 23023 If I Am away from my Civilian Job for Voluntary or Involuntary Service in the Uniformed Services, Do I Continue Accruing Annual Leave in My Civilian Job?

1.3.2.12 Special Protection Against Discharge, Except Cause

• *No. 184 Protection From Discharge After Reemployment
• No. 0803 First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275 (1946)
• No. 0823 Fourth Supreme Court Case Relating to Reemployment Statute Oakley v. Louisville & Nashville Railroad Co., 338 U.S. 278
• 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. 09003 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967)
• No. 09007 12th Supreme Court Case Relating to Reemployment Statute: Foster v. Dravo Corp., 420 U.S. 92 (1975)
• No. 09009 Another New Case on USERRA Discrimination
• No. 09011 Layoffs and the Special Protection Period
• No. 09030 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
• No. 10026 Special Protection against Discharge, Except for Cause
• No. 11010 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
• No. 11022 Supreme Court Reserves 7th Circuit USERRA Case
• No. 11034 Protection against Discharge after Reemployment
• No. 11073 Another Great USERRA Appellate Case
• No. 11094 Matthew King’s Application for UCX Did Not Justify His Firing
• No. 12015 USERRA’s Special Protection Period Against Discharge Upon Reemployment
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12093 USERRA’s Protection against Post-Reemployment Firing
• No. 13045 One Year of Back Pay Is not Enough
• No. 13110 Special Protection against Discharge, Except for Cause, After Returning from Military Service
• No. 13111 How to Compute One Year for Purposes of Section 4316(c) of USERRA
• No. 14046 Marine Corps Reservist Sues Village of Skokie for Violating USERRA
• No. 15053 USERRA 101 Final Exam
• No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
• No. 17023 Pro Bono Attorney Does Great Job for USERRA Claimant
• No. 18053 Section 4316(c) of USERRA: Special Protection against Discharge after Reemployment
• No. 19066 You Must Meet USERRA’s Five Conditions for Reemployment to have the Right to an Accommodation for a Service-Connected Disability or The Right to the Special Protection against Discharge
• No. 20007 Important New USERRA Case—Part 1
• No. 20047 You Are Entitled to Reinstatement to the Job you Left and Would Have Retained even if that Means that Another Employee Must Be Displaced
• No. 21004 More on Successor in Interest and USERRA
• No. 21006 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21007 How Does USERRA’s “Furlough or Leave of Absence” Clause Apply to your Airline’s “Crisis Time Off” Program?
• No. 21035 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21053 DOL-VETS and DOJ Do well for Army Reservist.
• No. 21058 What Kind of a Job Am I Entitled to upon Reemployment?
• No. 21068 Firing the City Manager Violated USERRA.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22014 USERRA’s Escalator Principle Is Great, But There Are Limits

1.4 USERRA Enforcement

• No. 012 Enforcement of USERRA Rights
• No. 024 Enforcement of Reemployment Rights Outside the U.S.
• No. 061 Not Necessary To Establish Discriminatory Intent Under Section 4312
• No. 065 Letter to Department of Justice Regarding USERRA
• No. 065 Response DoJ Response to ROA letter Regarding USERRA
• No. 067 Enforcement of USERRA Against Executive Agencies
• No. 089 Enforcing USERRA Against A State
• No. 089 Clarification
• No. 093 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. 191 Sometimes David Does Beat Goliath
• 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. 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. 0758 Taking the Leap: Employer cover-up fools DOL, but not the jury
• No. 0761 Veterans’ Preference Act requires a federal agency to waive maximum age rule.
• No. 0763 The Office of Personnel Management Has Specific Responsibilities Under USERRA
• No. 0810 Attempt To Expedite USERRA Enforcement Process
• 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. 09001 Non-Pecuniary Damages Available Under USERRA
• No. 09001-Update Non-Pecuniary Damages Available Under USERRA
• No. 09002 Naval Reservist Wins USERRA Case Against San Diego Police Department
• No. 09004 How to Prove a USERRA Discrimination Case—Continued
• No. 09006 When Long Service Equals No Promotion You Don’t Need a Smoking Gun to Win a Section 4311 Case Under USERRA
• No. 09009 Another New Case on USERRA Discrimination
• No. 09010 You Must Apply for Reemployment after You Leave Active Duty
• No. 09012 DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09012 Update: DOJ Sues NC to Enforce USERRA Regarding a Magistrate Who Is a Reservist
• No. 09018 DOJ Sues Alabama DMHMR
• No. 09022 Is Personal Animus Discrimination? A USERRA case may be headed to the Supreme Court.
• No. 09022-Update Supreme Court Agrees To Review Unfavorable 7th Circuit Case
• No. 09030 Justice Serves: DOJ sues Nevada and a Nevada corporation to enforce USERRA
• No. 09031 DOJ Sues California Department of Corrections
• No. 09034 Another Good Precedent on Reemployment Rights
• No. 09036 Ethan Allen Is Rolling Over in his Grave
• No. 09037 You Must Apply for Reemployment-Part 2
• No. 09053 Joint Employment Doctrine Under USERRA-Continued
• No. 09053-Update OSC Settles USERRA Case with DHS
• No. 09056 Bugged: Be cautious about recording conversations with employers for use in USERRA cases
• No. 09063 You Must Apply for Reemployment – Part 3
• No. 10011 An Instructive New USERRA Case from Ohio
• No. 10012 You Only Get One Chance To Make Your Case
• No. 10014 11th Amendment Does Not Bar Suit against a State by the United States
• No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
• No. 10017 DLA Violates USERRA
• No. 10027 DOJ Sues Company and Settles the Same Day
• No. 10026 Special Protection against Discharge, Except for Cause
• No. 10031 DOJ Files and Settles on the Same Day, Again
• *No. 10028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
• No. 10029 You Can Sue a Political Subdivision Under USERRA
• No. 10037 USERRA and Veterans’ Preference Laws Apply to California Court System
• No. 10044 Federal Agency Employer Cannot Make You Quit the Reserves
• No. 10046 USERRA Damages Can Be Awarded for Lost Military Pay
• No. 10049 Injunctive Relief under USERRA
• No. 10051 Alabama Ordered To Comply with USERRA
• No. 10054 Don’t Do Your Reserve Work on Your Employer’s Time
• No. 10066 USERRA Overrides Federal Agency Rule on “Outside Employment”
• No. 10080 Congress Orders a New Demonstration Project on USERRA Enforcement
• No. 10082 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. 10087 USERRA Forbids Discrimination in Initial Employment
• No. 11003 The MSPB Is Finally Catching On
• No. 11006 Important New Case on USERRA Discrimination
• No. 11010 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
• No. 11011 DOJ Settles USERRA Suit Against Titan Laboratories
• No. 11012 Fourth Circuit Reverses Summary Judgment for Employer
• No. 11019 USERRA and Public Sector Pension Plans
• No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
• No. 11029 Tax Records in USERRA Cases: How Both Parties May Obtain Each Other’s Private Financial Records
• No. 11030 Does USERRA Provide a Remedy for Employer Harassment?
• No. 11034 Protection against Discharge after Reemployment
• No. 11040 Suing a State Government Employer under USERRA
• No. 11044 PTSD, USERRA, and the State of New Mexico
• No. 11049 Another Case on State Sovereign Immunity under USERRA
• No. 11052 DOL Closing Case as “Without Merit” Does Not Bind Claimant
• No. 11058 Letter to DOJ about USERRA Enforcement
• No. 11068 USERRA Protects the Co-Worker Who Testifies or Provides Information in a USERRA Case
• No. 11067 Unfavorable 8th Circuit USERRA Case
• No. 11073 Another Great USERRA Appellate Case
• No. 11074 Why Does a Case Take so Long?
• No. 11075 The National Guard Must Be a Model Employer under USERRA
• No. 11080 It Is Not Your Responsibility to Find a Replacement
• No. 11081 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
• No. 11082 Does USERRA Apply to Me?
• No. 11088 You Can Sue a City in Federal Court under USERRA
• No. 11094 Matthew King’s Application for UCX Did Not Justify His Firing
• No. 11095 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. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
• No. 12010 Working at Your Civilian Job Prior to Reporting for Active Duty
• No. 12011 Harassment as USERRA Violation
• No. 12020 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
• No. 12024 Alternative Way to Enforce USERRA Against a State Government Employer
• No. 12030 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
• No. 12031 USERRA Plaintiff Does Not Have to Pay Filing Fee
• No. 12032 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
• No. 12033 Federal Arbitration Act Severely Limits Review of Arbitrator’s Erroneous Ruling
• No. 12035 OPM Director Announces Zero Toleration for USERRA Violations
• No. 12036 ESGR Serving 40 Years and Counting
• No. 12040 DOJ Sues Home Depot for Violating USERRA
• No. 12043 Senator Introduces Bill to Improve USERRA
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12049 NY Court: Calculations for Military and Regular Leave Benefits Not the Same
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12055 A Small Sacrifice Asked of the 99.25%
• No. 12061 DOJ Settles USERRA Suit Filed Against United Airlines
• No. 12067 Is Harassment a Cognizable Claim under USERRA—(Continued)
• No. 12069 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 12075 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
• No. 12076 Presidential Memorandum Gives Uniformed Services Employment and Reemployment Rights Act (USERRA) Guidance to Federal Employers
• No. 12082 DOJ Gets Job Back for Mobilized Navy Reservist
• No. 12083 DOJ Files Class Action USERRA Lawsuit against NYC
• No. 12086 TSA Screeners Now Finally Have Enforceable USERRA Rights
• No. 12096 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
• No. 12099 There’s a Hole in USERRA. Will States Fill it if Congress Won’t?
• No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
• No. 12103 Pension Credit for 1980s Military Service
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• No. 12109 USERRA Forbids Discrimination with respect to Retention in Employment
• 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. 12118 DOJ Sues NYC Internet Business for Violating USERRA
• No. 12119 USERRA Forbids Discrimination in Employment Based on Uniformed Service—Not Limited to Reserve Component Service
• No. 12120 Make the States Waive Sovereign Immunity Concerning USERRA Lawsuits or Lose Federal Funding—No, that Won’t Work
• No. 12122 Does USERRA Violate the 10th Amendment?
• 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. 13021 Sergeant Major Erickson’s Struggle against the United States Postal Service Continues
• No. 13022 The Escalator Can Descend as well as Ascend
• No. 13025 The Escalator and the Sequester
• No. 13027 ROA Files USERRA Amicus Brief in NM Appellate Court
• No. 13028 DOJ Files Amicus Brief in NM Court of Appeals
• No. 13029 Supreme Court Case Points Way to Effective Enforcement of USERRA against State Government Employers
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13032 A Great American Company Must Reemploy Great American Service Members
• No. 13035 Another New and Favorable USERRA Case
• No. 13036 Misconduct Leads to Mistrial
• No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
• No. 13042 ROA Member Files Two USERRA Lawsuits
• No. 13045 One Year of Back Pay Is not Enough
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13056 California University of Pennsylvania Sued for Violating USERRA
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13064 Be Always Ready To Sue and Don’t Sleep on your Rights
• No. 13066 Sometimes the Important Dog Is the One Who Does not Bark
• No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
• No. 13074 Once You File with DOL-Vets, You Are Stuck with Them for Awhile
• No. 13075 You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13075-Update2: You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13075-Update3: You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13076 Public Employee Promotion Exam while Mobilized
• No. 13077 The Escalator Can Descend
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13082 Escalator Principle Not Limited to Automatic Promotions—District of Puerto Rico Gets it Wrong
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
• No. 13090 DOJ and NYPD Settle USERRA Class Action Lawsuit
• No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
• No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
• No. 13094 Please Don’t Supplant USERRA
• No. 13095 Another USERRA Case Headed for Supreme Court
• No. 13097 What Is a “Title 38 Employee?”
• No. 13098 Interesting MSPB Case on USERRA
• No. 13099 This Is Not your Father’s National Guard
• No. 13104 How Do I Judge a USERRA Settlement Offer?
• No. 13106 How Not To Treat a National Guard Member Who is Your Employee
• No. 13108 Revising USERRA to Include Non-Pecuniary Compensatory Damages as Remedies
• No. 13110 Special Protection against Discharge, Except for Cause, After Returning from Military Service
• No. 13113 Pension Credit with State-Local Governments for Pre-1974 Military Service
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13124 Beware the Judgement-Proof Defendant
• No. 13126 Sometimes DOL-VETS Is Not Totally Worthless
• No. 13127 First Circuit Reemphasizes Broad Scope of the Escalator Principle
• No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
• No. 13145 Important New USERRA Case in Fifth Circuit
• No. 13147 OSC Effectiveness in Enforcing USERRA against Federal Agencies as Employers
• No. 13156 Counties and Other Political Subdivisions are not Immune – Western District of Virginia gets it Wrong
• No. 13160 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” Authority
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14016 Class Action USERRA Lawsuit against American Airlines Concerning Insufficient Pension Contributions for Pilots Returning to Work after extended Military Leave
• No. 14017 Statute of Limitations and the NYPD Class Action USERRA Laws
• No. 14028 I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14031 Veterans’ Preference for State Employees in Washington
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14037 A Political Subdivision is not a State for 11th Amendment Purposes
• No. 14036 Setback in Effort to Enforce USERRA against States as Employers
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14041 New Legislation in New Mexico for Service Members
• No. 14046 Marine Corps Reservist Sues Village of Skokie for Violating USERRA
• No. 14047 State and Local Government Employees Need Effective USERRA Protections
• No. 14049 USERRA and State Sovereign—Good News from Tennessee
• No. 14072 Don’t Quit your Job if you Want to Sue under USERRA
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15036 Time off from Work for Short Periods of National Guard Training
• No. 15041 Seniority for PHS Officers within the BOP Medical System
• No. 15050 Reemployment Rights as an ANG Technician
• No. 15054 You Must Apply for Reemployment—Part 6
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15057 Returning to Police Officer Job with PTSD
• No. 15062 Update on Angiuoni v. Town of Billerica
• No. 15063 New Favorable Case on Section 4311 of USERRA
• No. 15064 The MSPB Adjudicates Claims that Federal Executive Agencies Have Violated USERRA
• No. 15073 Recent Favorable USERRA Case from Massachusetts
• No. 15080 New NLRB Decision Points the Way to Stronger USERRA Enforcement
• No. 15086 Sixth Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15088 Does USERRA Provide for the Recovery of Nonpecuniary and Punitive Damages?
• No. 15089 Proposals to Improve USERRA No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15098 SSGT Baldo Bello’s USERRA Lawsuit against the Village of Skokie
• No. 15099 Under USERRA, the Employer Can Be Required To Pay the Prevailing Service Member’s Attorney Fees and Costs, but under no Circumstances Can the Service Member Be Required To Pay the Employer’s Fees and Costs
• No. 15101 Location Is an Aspect of Status
• No. 15103 Coast Guard Reservist Alleges USERRA Violations by Drug Enforcement Administration
• No. 15104 Navy Reservist Survives Employer’s Motion for Summary Judgment but then Loses Jury Trial
• No. 15105 Army Reservist Survives Summary Judgment in Section 4311 Case
• No. 15106 Section 4311 of USERRA
• No. 15107 Section 4311 of USERRA Protects Veterans as well as Currently Serving Reserve Component Members
• No. 15112 Which Employers Are Exempt from USERRA Enforcement?
• No. 16002 Interesting USERRA Discrimination Case
• No. 16003 Section 4311 of USERRA Protects HR Professionals who Oppose USERRA Violations
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16008 Bello v. Village of Skokie—Continued
• No. 16009 USERRA Rights of Wounded National Guard Technician
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16013 Recent Favorable Federal Circuit USERRA Decision
• No. 16014 Another Recent Federal Sector USERRA Victory
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16031 Sergeant Kelly Hance’s USERRA Saga Continues
• No. 16032 April 2016 Important New USERRA Pension Case
• No. 16033 Don’t Let the AFGE Override the USERRA Rights of PHS Officers Assigned to BOP
• No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
• No. 16035 USERRA Applies to Local Government
• No. 16047 Maryland Law Adds Two Critical Protections For Veterans
• No. 16050 DOJ Wins USERRA Case
• No. 16052 New Attempt to Preclude Forced Arbitration in USERRA Cases
• No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
• No. 16055 Department of the Army Flouts USERRA
• No. 16059 Discrimination, Harassment, Spoliation, and USERRA
• No. 16060 FedEx Violated USERRA in the Computation of a Bonus
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 16064 The Air Force Must Comply with USERRA
• No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
• No. 16074 A New Case on USERRA and Forced Arbitration
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 16095 USERRA, the SCRA, and Statutes of Limitation
• No. 16099 The Client Is Responsible for Court Costs as Incurred
• No. 16101 USERRA in the Virginia Supreme Court
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 16109 OSC Takes Action To Protect VA Whistleblower
• No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
• No. 16113 Reflections on 40 Years as a Lawyer
• No. 16115 DOJ Announces New Effort To Enforce USERRA and SCRA
• No. 16120 Amendments Proposed To Improve USERRA Enforcement
• No. 16122 My Employer Fired me when I Was on the way out the Door
• No. 16123 In a USERRA Case, the Veteran Plaintiff Cannot Be Required To Pay the Defendant’s Court Costs
• No. 16124 Bad News from Virginia on Enforcing USERRA against State Agencies as Employers
• No. 16126 Great New Third Circuit USERRA Precedent
• No. 17009 If you Are Claiming that the Firing Violates USERRA, you Can Appeal to the MSPB even if you Are a New Federal Employee
• No. 17010 USERRA Entitles You to Return to a Position of like Status
• No. 17013 Because of NDAA 2017, National Guard Technicians No Longer Receive Paid Military Leave under 5 U.S.C. 6323 while on AGR Duty
• No. 17016 Proving a Violation of Section 4311 of USERRA: A Case Study
• No. 17017 Case Study in Proving a Violation of Section 4311 of USERRA
• No. 17022 USERRA and the Tax Bump
• No. 17023 Pro Bono Attorney Does Great Job for USERRA Claimant
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17032 Enforcing USERRA against State Government Employers
• No. 17033 Can You Sue the State of Tennessee for Violating USERRA?
• No. 17035 USERRA Rights of Airline Pilot Injured while on Active Duty
• No. 17040 With only one Remaining Member, the MSPB is Constrained
• No. 17044 USERRA Precludes Employer-Initiated Lawsuits
• No. 17045 Who Is the Named Plaintiff in a USERRA Lawsuit Initiated by DOJ?
• No. 17047 Important New USERRA Case from the 6th Circuit
• No. 17048 Important New USERRA Case from the 6th Circuit—Part 2
• No. 17049 DC Government Is Treated as a State for USERRA Purposes
• No. 17052 The State of Washington Pays out $13 Million for Violating USERRA and Washington’s Veterans’ Preference Law
• No. 17054 USERRA and Arbitration—Good News from Nebraska
• No. 17056 USERRA Does Not Permit a Declaratory Judgment Suit Initiated by the Employer
• No. 17066 NELA Advocates for USERRA Improvements
• No. 17069 ROA Testifies in Favor of Bill To Preclude Binding Arbitration of USERRA Disputes
• No. 17071 ROA Members File Class Action Lawsuit against Southwest Airlines
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17074 Recent Case on Section 4311 of USERRA
• No. 17075 Recent 5th Circuit Case on Rights of Reservist after Returning from Drill Weekend
• No. 17076 USERRA and Federal Employees
• No. 17079 New Jersey’s Law against Discrimination Protects Service Members and Veterans
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17082 Differential Pay for Federal Employees Voluntarily on Active Duty as National Guard or Reserve Service Members
• No. 17084 An Instructive USERRA Case from the Central District of California
• No. 17086 Enforcing USERRA against a State Government Employer—Continued

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. 11091 USERRA Claims Should Not Be Subject to Binding Arbitration Agreements
• No. 12033 Federal Arbitration Act Severely Limits Review of Arbitrator’s Erroneous Ruling
• No. 12052 Contractual Statute of Limitations Under USERRA&
• No. 15053 USERRA 101 Final Exam
• No. 15089 Proposals to Improve USERRA
• No. 15109 Amend the SCRA To Preclude Predispute Binding Arbitration Clauses
• No. 16033 Don’t Let the AFGE Override the USERRA Rights of PHS Officers Assigned to BOP
• No. 16052 New Attempt to Preclude Forced Arbitration in USERRA Cases
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 16074 A New Case on USERRA and Forced Arbitration
• No. 16109 OSC Takes Action To Protect VA Whistleblower
• No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
• No. 17054 USERRA and Arbitration—Good News from Nebraska
• No. 17066 NELA Advocates for USERRA Improvements
• No. 17069 ROA Testifies in Favor of Bill To Preclude Binding Arbitration of USERRA Disputes
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17101 Relationship between USERRA and other Federal, State, and Local Laws and Ordinances
• No. 19034 Am I Required To Exhaust Remedies through the Union Agreement before I Sue my Employer For Violating USERRA? No
• No. 19035 Forced Arbitration of USERRA Disputes
• No. 19036 Forced Arbitration-I Regret that I Did Not Know then (1991) What I Know Now (2019)
• No. 20001 The Struggle against Forced Arbitration Continues
• No. 20050 Location Is an Aspect of Status
• No. 21019 Fight against Forced Arbitration in USERRA and SCRA Cases Continues
• No. 22048 Forced Arbitration of USERRA Disputes

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. 09025 No Time Limit on Justice for the Returning Veteran
• No. 09048 No Time Limit on Justice for the Returning Veteran—Part 2
• No. 10011 An Instructive New USERRA Case from Ohio
• No. 10012 You Only Get One Chance To Make Your Case
• No. 11081 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 13133 NYPD Violates USERRA Again
• No. 14017 Statute of Limitations and the NYPD Class Action USERRA Laws
• No. 14032 New USERRA Case from the 8th Circuit
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15101 Location Is an Aspect of Status
• No. 16009 USERRA Rights of Wounded National Guard Technician
• No. 16014 Another Recent Federal Sector USERRA Victory
• No. 16065 Right to Paid Military Leave Is a Matter of State Law, not USERRA
• No. 16095 USERRA, the SCRA, and Statutes of Limitation
• No. 16113 Reflections on 40 Years as a Lawyer
• No. 17052 The State of Washington Pays out $13 Million for Violating USERRA and Washington’s Veterans’ Preference Law
• No. 17074 Recent Case on Section 4311 of USERRA
• No. 17109 Great New USERRA Victory in the 9th Circuit
• No. 18042 Coast Guard Reservist Loses USERRA Case at MSPB and Federal Circuit
• No. 18050 Does USERRA Have a Statute of Limitations?
• No. 18068 Is it too Late To Sue Blockbuster?
• No. 18090 Another Important New USERRA Case
• No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19076 Don’t Sleep on your Rights, because if you Snooze you Lose
• No. 21065 What Is the Deadline for Filing an SCRA Lawsuit?
• No. 22018 No Statute of Limitations Limits when you Can Initiate a USERRA Complaint.
• No. 22052 A Federal Employee Has only 45 Days To File an EEO Complaint, But That Deadline Does Not Apply to USERRA Complaints
• No. 23032 Recent USERRA Decision in the Northern District of Illinois

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. 09031 DOJ Sues California Department of Corrections
• No. 10021 The Civilian Employer Does Not Get a Veto
• No. 10037 USERRA and Veterans’ Preference Laws Apply to California Court System
• No. 11073 Another Great USERRA Appellate Case
• No. 11088 You Can Sue a City in Federal Court under USERRA
• No. 11111 Conflict Between National Guard Drill and Civilian Job
• No. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 12007 Can I Sell My Holiday Time?
• No. 12010 Working at Your Civilian Job Prior to Reporting for Active Duty
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12054 Rnneemployment Rights in Student Job on Campus
• No. 12089 Affirmative Defenses under USERRA
• No. 12090 You only Need one Employee to Be an Employer for Purposes of USERRA
• No. 12107 Reemployment Rights for Laid Off Employees
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• No. 12112 I Need Time off from my Job to Travel to my Drill Weekend
• No. 13025 The Escalator and the Sequester
• No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
• No. 13045 One Year of Back Pay Is not Enough
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13064 Be Always Ready  To Sue and Don’t Sleep on your Rights
• No. 13067 Notice Before and Documentation After Military Service
• No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
• No. 13076 Public Employee Promotion Exam while Mobilized
• No. 13077 The Escalator Can Descend
• No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 13115 Notice to your Civilian Employer before AGR Duty
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13151 I Think that my Employer Must Make both the Employer and the Employee Contributions to my Pension Plan
• No. 13153 Is it Unlawful for my Civilian Employer to Contact the Commanding Officer of my National Guard Unit?
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14020 New Jersey Teachers Must be Credited for Military Service Time for Purposes of Layoffs and Recalls from Layoff
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14040 Is the Service Member Required to Keep the Employer Informed of Extensions of the Active Duty Period?
• No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
• No. 14045 What is an Application for Reemployment?
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
• No. 15036 Time off from Work for Short Periods of National Guard Training
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15045 Reemployment Rights with the Successor in Interest
• No. 15037 Reemployment Rights for Wounded Warriors
• No. 15054 You Must Apply for Reemployment—Part 6
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15058 What Is “Chevron Deference?”
• No. 15062 Update on Angiuoni v. Town of Billerica
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15081 You Must Leave Active Duty and Apply for Reemployment to Obtain Civilian Pension Credit for your Military Service Time
• No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
• No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 15100 The French Company Fired my Wife!
• No. 16020 USERRA Applies to Paid Internships
• No. 16026 What Is Reasonable Certainty?
• No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
• No. 16029 Dot the Is and Cross the Ts To Obtain Reemployment
• No. 16035 USERRA Applies to Local Government
• No. 16050 DOJ Wins USERRA Case
• No. 16096 USERRA Overrides the Collective Bargaining Agreement
• No. 16125 Under USERRA, you Have the Right To Take “Paid Time Off” for Military Duty
• No. 16127 It Is Unlawful for an Employer To Delay Reemployment by Demanding Documentation that Is Not Readily Available.
• No. 17028 Federal Employee Is Exempted from the Descending Escalator
• No. 17057 Police Department Must Give Reemployed Service Member the Opportunity To Take a Make-up Promotion Examination
• No. 17071 ROA Members File Class Action Lawsuit against Southwest Airlines
• No. 17083 Accrual and Use of Vacation Before, During and After a Period of Military Service
• No. 17097 The Escalator Does Not Always Ascend
• No. 18014 Escalator Principle Applies to Army Physician
• No. 18024 Working as an Air Reserve Technician Does Not Amount to “Service in the Uniformed Services” for USERRA Purposes
• No. 18043 Your “Resignation” in 2014, when you Enlisted in the Army, Does Not Defeat your Right to Reemployment in 2018, When you Were Released from Active Duty
• No. 18072 Don’t Apply for Reemployment until you Are Ready To Return to Work—Part 2
• No. 18079 Is the Federal Government a Single Employer for Purposes of USERRA’s Five-Year Limit?—I Have Reconsidered.
• No. 18106 Make-up Promotion Exam for Reservist on Active Duty and away from his or her Police Officer Job
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 18110 USERRA’s Escalator Can Descend as well as Ascend
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19025 More on the USERRA Pension Rights of the Airline Pilot
• No. 19029 Employer Must Make Prompt Payments to Employee’s Retirement Account after Employee Returns from Military Service
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19087 Do I Have To Work on my Day Off? Part Two
• No. 19106 DOD Instruction 1205.12 Is Wrong and Should Be Rewritten
• No. 20049 USERRA Forbids Employer Harassment of Reserve Component Personnel
• No. 21029 USERRA Applies to Hiring Halls
• No. 21033 DOL USERRA Regulations Need To Be Updated
• No. 21069 Does USERRA Apply to ROTC and JROTC?
• No. 22010 When You Leave a Federal Agency for Military Service, I Suggest that You Apply for Reemployment at the Same Agency, but Applying at a Different Agency May Not Be Fatal to Your Rights.
• No. 22030 Cashing out your Paid Time Off while you Are on Active Duty
• No. 22045 Legal Obligations of Proprietary Institutions of Higher Education to Reserve and National Guard Students Enrolled
• No. 22057 National Guard Technicians Are Not Entitled To Receive Paid Military Leave under 5 U.S.C. § 6323(a)(1) when they Are on AGR Duty. They Are Entitled to Paid Military Leave when they Are on other forms of Military Duty.
• No. 23008 USERRA Precludes Suits Initiated by Employers
• No. 23011 Enforcing USERRA against a Private Employer
• No. 23013 Enforcing USERRA against a State University or other State Agency

1.8 USERRA–Relationship Between USERRA and other Laws/Policies

• No. 018 USERRA and Employer Policies
• No. 025 Use of Federal Government Equipment & Time for Unit Activities
• No. 054 Uniformed Service Counts Toward FMLA Thresholds
• *No. 080 USERRA and the FLSA
• No. 090 Key Employee Program
• No. 094 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. 191 Sometimes David Does Beat Goliath
• No. 0748 Federal Law and New York Law Covering Non-Federal Public Employees in New York and 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, 331 U.S. 40 (1947
• 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. 09026 Mobilized Reservists and the Chicago Fire Department
• No. 09033 Promotion and Pay Raise Delayed by Military Service–Am I Entitled to Back Pay?
• No. 10004 Generous Employer Not Required to Remain Generous
• No. 10015 Escalator Principle Applies to Entire Period of Military-Related Absence
• No. 10022 USERRA Applies in Determining Career Overtime Average for Pension Purposes
• No. 10017 DLA Violates USERRA
• No. 10019 The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
• No. 10024 Health Insurance Continuation During Service
• No. 10023 Reinstatement of Health Insurance Coverage after Return from Military Service
• No. 10025 Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
• No. 10030 Prior Notice to the Civilian Employer Need Not Be in Writing
• No. 10082 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. 10098 Paid Military Leave for National Guard Technicians
• No. 11006 Important New Case on USERRA Discrimination
• No. 11010 USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
• No. 11019 USERRA and Public Sector Pension Plans
• No. 11023 The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
• No. 11026 Can We Fire Him for Going over the Five-Year Limit?
• No. 11030 Does USERRA Provide a Remedy for Employer Harassment?
• No. 11032 When may a Washington State government-employee veteran increase their score on a promotion exam?
• No. 11033 New York Court of Appeals Clarifies Protections for Military Members Under State Law
• No. 11034 Protection against Discharge after Reemployment
• No. 11037 Federal Contractor Affirmative Action for Hiring Veterans
• No. 11044 PTSD, USERRA, and the State of New Mexico
• No. 11046 FMLA and USERRA
• No. 11049 Another Case on State Sovereign Immunity under USERRA
• No. 11067 Unfavorable 8th Circuit USERRA Case
• No. 11073 Another Great USERRA Appellate Case
• No. 11075 The National Guard Must Be a Model Employer under USERRA
• No. 11081 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
• No. 11088 You Can Sue a City in Federal Court under USERRA
• No. 11089 Veterans Opportunity to Work Act of 2011
• No. 11094 Matthew King’s Application for UCX Did Not Justify His Firing
• No. 11095 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. 12001 Oklahoma Attorney Gets It Wrong on USERRA
• No. 12011 Harassment as USERRA Violation
• No. 12012 USERRA and the Fair Labor Standards Act
• No. 12015 USERRA’s Special Protection Period Against Discharge Upon Reemployment
• No. 12024 Alternative Way to Enforce USERRA Against a State Government Employer
• No. 12028 USERRA and the FMLA
• No. 12029 USERRA and the FMLA- Part II
• No. 12030 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
• No. 12031 USERRA Plaintiff Does Not Have to Pay Filing Fee
• No. 12032 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
• No. 12033 Federal Arbitration Act Severely Limits Review of Arbitrator’s Erroneous Ruling
• No. 12034 Coast Guard Reservist Needs Drill Credit for Medical Appointment
• No. 12035 OPM Director Announces Zero Tolerance for USERRA Violations
• No. 12038 Why Can’t I Retire From My Civilian Job While I am on Active Duty?
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12050 USERRA Applies to Short and Long Periods of Service
• No. 12051 USERRA and Public Sector Defined Benefit Pension Plans
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12054 Reemployment Rights in Student Job on Campus
• No. 12055 A Small Sacrifice Asked of the 99.25%
• No. 12059 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
• No. 12061 DOJ Settles USERRA Suit Filed Against United Airlines
• No. 12063 Bill Introduced to Narrow One of USERRA’s Affirmative Defenses
• No. 12064 UCX Payments for Unemployed Veterans
• No. 12067 Is Harassment a Cognizable Claim under USERRA—(Continued)
• No. 12070 Civilian Pension Credit for Military Service Time before 1994
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12075 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
• No. 12086 TSA Screeners Now Finally Have Enforceable USERRA Rights
• No. 12090 You only Need one Employee to Be an Employer for Purposes of USERRA
• No. 12099 There’s a Hole in USERRA. Will States Fill it if Congress Won’t?
• No. 12100 Yes You Can Double-Dip!
• No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
• No. 12105 What Are the Reserve Components?
• No. 12107 Reemployment Rights for Laid Off Employees
• No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
• 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. 12112 I Need Time off from my Job to Travel to my Drill Weekend
• No. 12116 Contractor Employees in Afghanistan Are Not Protected by the SCRA or USERRA
• No. 12120 Make the States Waive Sovereign Immunity Concerning USERRA Lawsuits or Lose Federal Funding—No, that Won’t Work
• No. 12122 Does USERRA Violate the 10th Amendment?
• No. 13025 The Escalator and the Sequester
• No. 13027 ROA Files USERRA Amicus Brief in NM Appellate Court
• No. 13028 DOJ Files Amicus Brief in NM Court of Appeals
• No. 13029 Supreme Court Case Points Way to Effective Enforcement of USERRA against State Government Employers
• No. 13031 State of Nevada Finally Complies with USERRA
• No. 13034 Does Medical Hold Time Count toward the Individual’s Five Year Limit under USERRA?
• No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
• No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
• No. 13042 ROA Member Files Two USERRA Lawsuits
• No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
• No. 13045 One Year of Back Pay Is not Enough
• No. 13048 Incentives for Civilian Employers of Reserve Component Members
• No. 13054 Not All USERRA Plaintiffs Are Successful
• No. 13056 California University of Pennsylvania Sued for Violating USERRA
• No. 13057 Don’t Use your Employer’s Computer for Navy Reserve Work
• No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
• No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
• No. 13064 Be Always Ready  To Sue and Don’t Sleep on your Rights
• No. 13066 Sometimes the Important Dog Is the One Who Does not Bark
• No. 13071 New Washington Law Protects Students who  Are Members of the National Guard or Reserve
• No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
• No. 13075 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-Update2 You Can Sue a Political Subdivision in Federal Court under USERRA
• No. 13076 Public Employee Promotion Exam while Mobilized
• No. 13077 The Escalator Can Descend
• 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. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
• No. 13083 Don’t Tell your Civilian Employer that you Are Considering Enlistment
• No. 13085 Federal Employees Are Protected from the Descending Escalator
• No. 13087 Do I Accrue Civilian Vacation while I Am away from my Civilian Job for Military Service?
• No. 13091 Political Subdivisions of States Do Not Have 11th Amendment Immunity
• No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
• No. 13093 Time off from Civilian Job To See Wife Return from Afghanistan—Good News from Maryland
• No. 13094 Please Don’t Supplant USERRA
• No. 13095 Another USERRA Case Headed for Supreme Court
• No. 13097 What Is a “Title 38 Employee?”
• No. 13098 Interesting MSPB Case on USERRA
• No. 13099 This Is Not your Father’s National Guard
• No. 13104 How Do I Judge a USERRA Settlement Offer?
• No. 13105 Beware of the Tax Bump
• No. 13108 Revising USERRA to Include Non-Pecuniary Compensatory Damages as Remedies
• No. 13112 Online Sources for Comprehensive Lists of State Benefits for Veterans
• No. 13113 Pension Credit with State-Local Governments for Pre-1974 Military Service
• No. 13115 Notice to your Civilian Employer before AGR Duty
• No. 13117 Applying for Reemployment is not Applying for Employment
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13133 NYPD Violates USERRA Again
• No. 13138 USERRA Pension Credit for Military Service Beyond Five Years
• No. 13142 Texas Teacher Retirement System PDF Gets USERRA Wrong
• No. 13143 I Signed a Contract and Received a Corporate Signing Bonus, and Now I Have Joined the Army
• No. 13145 Important New USERRA Case in Fifth Circuit
• No. 13151 I Think that my Employer Must Make both the Employer and the Employee Contributions to my Pension Plan
• No. 13153 Is it Unlawful for my Civilian Employer to Contact the Commanding Officer of my National Guard Unit?
• No. 13156 Counties and Other Political Subdivisions are not Immune – Western District of Virginia gets it Wrong
• No. 13160 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” Authority
• No. 14003 Enforcing USERRA against the State of Missouri
• No. 14002 Ethan Allen is still Rolling over in his Grave
• No. 14004 Sergeant Major Erickson’s Saga Continues
• No. 14005 Abandonment Doctrine Rests on Slender Reed
• No. 14013 DD-214 Delay Could Delay Retirement from Civilian Career
• No. 14012 Returning to Work with Two Bad Shoulders
• No. 14015 Civilian Pension Credit for Long Period of Military Service
• No. 14020 New Jersey Teachers Must be Credited for Military Service Time for Purposes of Layoffs and Recalls from Layoff
• No. 14019 New Jersey Teachers Receive Seniority Credit for Wartime Military Service, Even if it was before Start of Teaching Career
• No. 14017 Statute of Limitations and the NYPD Class Action USERRA Laws
• No. 14022 Make-Up Contributions to Your Defined Contribution Pension Plan
• No. 14027 I am a Disabled Veteran and a Federal Employee—Am I Entitled to Leave Without Pay for a Medical Condition that is not Service-Connected?
• No. 14024 The Military Extraterritorial Jurisdiction Act and the Uniformed Services Employment and Reemployment Rights Act
• No. 14028 I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 14031 Veterans’ Preference for State Employees in Washington
• No. 14032 New USERRA Case from the 8th Circuit
• No. 14037 A Political Subdivision is not a State for 11th Amendment Purposes
• No. 14036 Setback in Effort to Enforce USERRA against States as Employers
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 14034 What is the Vietnam Era Veterans’ Readjustment Assistance Act?
• No. 14041 New Legislation in New Mexico for Service Members
• No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
• No. 14046 Marine Corps Reservist Sues Village of Skokie for Violating USERRA
• No. 14049 USERRA and State Sovereign—Good News from Tennessee
• No. 14072 Don’t Quit your Job if you Want to Sue under USERRA
• No. 14074 Right to Use Vacation Days for Military Service
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
• No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
• No. 15046 You Must Apply for Reemployment—Part 5
• No. 15045 Reemployment Rights with the Successor in Interest
• No. 15041 Seniority for PHS Officers within the BOP Medical System
• 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. 15050 Reemployment Rights as an ANG Technician
• No. 15051 Delaware Falls Short in Accommodating Deployed Service Members and Military Spouses
• No. 15054 You Must Apply for Reemployment—Part 6
• No. 15055 You Must Apply for Reemployment—Part 7
• No. 15057 Returning to Police Officer Job with PTSD
• No. 15058 What Is “Chevron Deference?”
• No. 15059 Does USERRA Provide for Disparate Impact Liability?
• No. 15060 Beware of Asserting Inconsistent Claims
• No. 15062 Update on Angiuoni v. Town of Billerica
• No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
• No. 15066 Calling you an Independent Contractor Does Not Make you one.
• No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
• No. 15073 Recent Favorable USERRA Case from Massachusetts
• No. 15075 USERRA Applies to Voluntary as well as Involuntary Military Service
• No. 15080 New NLRB Decision Points the Way to Stronger USERRA Enforcement
• No. 15082 You Must Stay within the Five-Year Limit To Obtain Civilian Pension Credit for Military Service Time
• No. 15083 Yes, You Can Purchase State Public Employee Retirement Credit for Service Academy Time, at Least in California
• No. 15086 Sixth Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
• No. 15091 The National Guard Makes up more than Half of Reserve Component Strength
• No. 15092 2015 New Jersey Military Law Symposium
• No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
• No. 15094 Unfavorable Sixth Circuit USERRA Case
• No. 15097 As an Employer, New York City Mistreats Marine Corps Reserve Officer
• No. 15098 SSGT Baldo Bello’s USERRA Lawsuit against the Village of Skokie
• No. 15099 Under USERRA, the Employer Can Be Required To Pay the Prevailing Service Member’s Attorney Fees and Costs, but under no Circumstances Can the Service Member Be Required To Pay the Employer’s Fees and Costs
• No. 15100 The French Company Fired my Wife!
• No. 15101 Location Is an Aspect of Status
• No. 15104 Navy Reservist Survives Employer’s Motion for Summary Judgment but then Loses Jury Trial
• No. 15108 NDAA 2016 Fixes USERRA Glitch
• No. 15111 Congress Should Amend USERRA To Provide for Enforcement against Indian Tribes as Employers
• No. 15112 Which Employers Are Exempt from USERRA Enforcement?
• No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
• No. 16006 New Appellate Case on Veterans’ Preference
• No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
• No. 16008 Bello v. Village of Skokie—Continued
• No. 16009 USERRA Rights of Wounded National Guard Technician
• No. 16012 Enforcing USERRA against a Federal Agency
• No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
• No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
• No. 16022 What Is Seniority?
• No. 16024 West Virginia Legislature Enacts Confusing New Law on Veterans’ Preference in Private Sector Employment
• No. 16025 Airline Employer Must Make Contributions to your Airline Pension Account when you Return from Military Service
• No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
• No. 16031 Sergeant Kelly Hance’s USERRA Saga Continues
• No. 16032 April 2016 Important New USERRA Pension Case
• No. 16033 Don’t Let the AFGE Override the USERRA Rights of PHS Officers Assigned to BOP
• No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
• No. 16036 It Is Illegal for the Air Force To Discriminate against an Air Force Reservist in Hiring for a Civilian Position
• No. 16037 Affirmative Defenses under USERRA
• No. 16038 Pension Rights in a Defined Contribution Plan
• No. 16042 Illinois Law Protects Post-Secondary Students Called to the Colors
• No. 16047 Maryland Law Adds Two Critical Protections For Veterans
• No. 16049 The Right to 15 Days of Paid Military Leave Applies to Federal Employees, Not Employees of Federal Contractors
• No. 16052 New Attempt to Preclude Forced Arbitration in USERRA Cases
• No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
• No. 16059 Discrimination, Harassment, Spoliation, and USERRA
• No. 16061 Reinstatement Rights as a Title 32 AGR after Title 10 Statutory Tour
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 16065 Right to Paid Military Leave Is a Matter of State Law, not USERRA
• No. 16067 USERRA’s Five-Year Limit Applies to the Employer Relationship
• No. 16074 A New Case on USERRA and Forced Arbitration
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16093 Section 4312(e)(1)(A) Authorizes a Delay in your Application for Reemployment; It Does not Give you Two Years off from Work.
• No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
• No. 16096 USERRA Overrides the Collective Bargaining Agreement
• No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
• No. 16099 The Client Is Responsible for Court Costs as Incurred
• No. 16100 Don’t Do Military Duty on a Sick Leave Day
• No. 16101 USERRA in the Virginia Supreme Court
• No. 16102 ROA Files an Amicus Curiae Brief in the Federal Circuit
• No. 16103 Update on Protecting the Civilian Jobs of National Guard Members on State Active Duty
• No. 16105 The Posse Comitatus Act and the Activated Reservist
• No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
• No. 16109 OSC Takes Action To Protect VA Whistleblower
• No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
• No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
• No. 16113 Reflections on 40 Years as a Lawyer
• No. 16114 USERRA Rights of Discharged Major Who Has Been Promoted to Lieutenant Colonel and Returned to Active Duty Retroactively by the Board for Correction of Military Records
• No. 16116 New Federal Employee Should Make Deposit for Previous Active Duty
• No. 16121 When I Return to Work after Military Service, How Much Will I Have To Pay To Reinstate my FERS Retirement Account?
• No. 16122 My Employer Fired me when I Was on the way out the Door
• No. 16123 In a USERRA Case, the Veteran Plaintiff Cannot Be Required To Pay the Defendant’s Court Costs
• No. 16124 Bad News from Virginia on Enforcing USERRA against State Agencies as Employers
• No. 16125 Under USERRA, you Have the Right To Take “Paid Time Off” for Military Duty
• No. 16126 Great New Third Circuit USERRA Precedent
• No. 16127 It Is Unlawful for an Employer To Delay Reemployment by Demanding Documentation that Is Not Readily Available.
• No. 17002 USERRA and the Military Personnel Officer
• No. 17009 If you Are Claiming that the Firing Violates USERRA, you Can Appeal to the MSPB even if you Are a New Federal Employee
• No. 17011 Congress Amends USERRA To Provide Reemployment Rights to Urban Search and Rescue Personnel
• No. 17013 Because of NDAA 2017, National Guard Technicians No Longer Receive Paid Military Leave under 5 U.S.C. 6323 while on AGR Duty
• No. 17014 If a Reserve Component Service Member Is Called to or Retained on Active Duty for Medical Treatment, that Period of Active Duty Should Be Exempted from the Computation of the Member’s Five-Year Limit.
• No. 17016 Proving a Violation of Section 4311 of USERRA: A Case Study
• No. 17017 Case Study in Proving a Violation of Section 4311 of USERRA
• No. 17022 USERRA and the Tax Bump
• No. 17023 Pro Bono Attorney Does Great Job for USERRA Claimant
• No. 17028 Federal Employee Is Exempted from the Descending Escalator
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17031 How Does USERRA’s Escalator Principle Apply to Government Contractors
• No. 17032 Enforcing USERRA against State Government Employers
• No. 17033 Can You Sue the State of Tennessee for Violating USERRA?
• No. 17035 USERRA Rights of Airline Pilot Injured while on Active Duty
• No. 17036 USERRA and SCRA Coverage for National Guard Members Serving on “Full Time National Guard Duty”
• No. 17044 USERRA Precludes Employer-Initiated Lawsuits
• No. 17045 Who Is the Named Plaintiff in a USERRA Lawsuit Initiated by DOJ?
• No. 17047 Important New USERRA Case from the 6th Circuit
• No. 17048 Important New USERRA Case from the 6th Circuit—Part 2
• No. 17049 DC Government Is Treated as a State for USERRA Purposes
• No. 17050 Yes, AFTPs are Protected by USERRA
• No. 17051 USERRA and the 401(k) Account at your Pre-Service Employer
• No. 17052 The State of Washington Pays out $13 Million for Violating USERRA and Washington’s Veterans’ Preference Law
• No. 17054 USERRA and Arbitration—Good News from Nebraska
• No. 17057 Police Department Must Give Reemployed Service Member the Opportunity To Take a Make-up Promotion Examination
• No. 17058 USERRA Rights of the Returning Disabled Veteran
• No. 17064 We Must Maintain Employer Support for Reserve Component Members
• No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
• No. 17069 ROA Testifies in Favor of Bill To Preclude Binding Arbitration of USERRA Disputes
• No. 17070 USERRA and Noncompete Agreements
• No. 17071 ROA Members File Class Action Lawsuit against Southwest Airlines
• No. 17072 The Federal Servicemembers Civil Relief Act Does Not Apply to National Guard Members on Full-time National Guard Duty, but such Members May Have SCRA-type Rights under State Law.
• No. 17073 New Case about USERRA and Disabled Veterans
• No. 17074 Recent Case on Section 4311 of USERRA
• No. 17076 USERRA and Federal Employees
• No. 17077 USERRA Rights of the Returning Veteran Trump the Rights of the Incumbent
• No. 17079 New Jersey’s Law against Discrimination Protects Service Members and Veterans
• No. 17080 Military and Overseas Voting in 2017
• No. 17081 DOJ Sues City of Glendale for Violating USERRA
• No. 17082 Differential Pay for Federal Employees Voluntarily on Active Duty as National Guard or Reserve Service Members
• No. 17083 Accrual and Use of Vacation Before, During and After a Period of Military Service
• No. 17085 New York City Expands its Human Rights Law To Protect Uniformed Service
• No. 17086 Enforcing USERRA against a State Government Employer—Continued
• No. 17088 USERRA Gives you the Right To Continue your Civilian Health Insurance while you Are on Active Duty, But you Probably Don’t Want To
• No. 17089 Reinstate your Civilian Heath Insurance upon Reemployment
• No. 17090 Pension Credit for Military Service Time Is Not Limited to Five Years
• No. 17092 Applying Section 4318 of USERRA to the Situation of a Returning National Guard Member
• No. 17093 Reemployment Rights of Texas National Guard Members on Duty for Hurricane Harvey
• No. 17095 In Computing your Civilian Pension Benefit, the Employer Must Look to what you Would Have Earned in the Civilian Job but for your Military Service
• No. 17097 The Escalator Does Not Always Ascend
• No. 17098 The No FEAR Act Does Not Apply to Discrimination against Reserve Component Service Members
• No. 17101 Relationship between USERRA and other Federal, State, and Local Laws and Ordinances
• No. 17103 Helping the Army Reserve Work Out Problems with the Civilian Employers of Army Reserve Soldiers
• No. 17107 Don’t File an EEO Complaint for a USERRA Violation
• No. 17108 School Principal and School District Violate SCRA in their Treatment of Deployed Service Member regarding School Registration
• No. 17109 Great New USERRA Victory in the 9th Circuit
• No. 17110 Yes, USERRA Applies to 12304b Duty
• No. 17111 Yes, a Reservist Can Be Entitled to Veterans’ Preference
• No. 17115 Enforcing USERRA against a State—Good News from Texas
• No. 17116 Enforcing USERRA against the State of Minnesota
• No. 17117 The Territorial Government of the United States Virgin Islands Does Not Have Sovereign Immunity with respect to USERRA Lawsuits
• No. 17118 The Collective Bargaining Agreement Cannot Deprive the Service Member of the Right To Bid on a Vacation Time
• No. 17124 The SCRA and the Active Duty Service Member—Full-Time National Guard Duty is Not Active Duty
• No. 17125 SCRA Coverage for National Guard Members on Title 32 Duty
• No. 17127 USERRA Applies to Small Employers
• No. 18012 Section 4303(2) of USERRA, Definition of “Benefit” of Employment
• No. 18013 Does USERRA Forbid Employer Harassment of Employees because of their Reserve Component Service? Congress Amends the Definition of “Benefit of Employment” To Clarify that the Answer Is Yes.
• No. 18014 Escalator Principle Applies to Army Physician
• No. 18015 Enforcing USERRA against a State Government Employer – Good News from California
• No. 18016 Review of Service Member Voting and Domicile
• No. 18017 Mr. President-Please Make Appointments for the MSPB Vacancies
• No. 18118 If You Are Claiming a USERRA Violation, the MSPB Has Jurisdiction To Review Your Firing even if You Have Not Completed the Initial Year of Federal Employment
• No. 18019 Section 4303(3) of USERRA: “Employee” Defined
• No. 18020 You Have the Right To Vote by Absentee Ballot in your Home Town while You Are on Active Duty, even if You Don’t Intend To Return when You Leave Active Duty.
• No. 18022 You Can Purchase Federal Civilian Retirement Credit for your Active Duty Time, and this Does Not Affect your Reserve Component Retirement at Age 60
• No. 18028 USERRA’s Definition of “Uniformed Services”
• No. 18030 Great New Federal Circuit Case about Paid Military Leave for Federal Employees
• No. 18031 I Think that I Am Entitled to Reemployment under State Law although I Will Be beyond USERRA’s Five-Year Limit
• No. 18032 The Railroad Retirement Board’s Treatment of Absence from Work for Military Service or Training Is Inconsistent with USERRA, But Unfortunately USERRA Does Not Apply
• No. 18033 National Guard Technicians Are Precluded from Receiving Paid Military Leave while Performing “Active Guard and Reserve Duty” But Not while Performing Other Kinds of Military Service
• No. 18034 Right to Civilian Pension Credit for Military Service Prior to the Enactment of USERRA in 1994
• No. 18036 Returning Service Member Who Is Medically Disqualified from Flying Airliners Is Entitled To Return to Payroll and Use Accrued Sick Leave
• No. 18037 State and Local Government Pension Funds Are in Sad Shape
• No. 18038 You Must Use Your 22 Extra Days of Paid Military Leave During your Period of Contingency Active Duty
• No. 18039 You Don’t Have To Be a Perfect Soldier To Get your Job Back
• No. 18040 No Reemployment for Army Deserter
• No. 18041 You Will Not Have the Right to Reemployment if you Leave a Private Sector Job To Become a Temporary Air National Guard Technician
• No. 18042 Coast Guard Reservist Loses USERRA Case at MSPB and Federal Circuit
• No. 18043 Your “Resignation” in 2014, when you Enlisted in the Army, Does Not Defeat your Right to Reemployment in 2018, When you Were Released from Active Duty
• No. 18044 National Guard Bureau PowerPoint for Training National Guard Technicians Has It Wrong on USERRA
• No. 18047 Sections 4314 and 4315 of USERRA-OPM’s Responsibilities under USERRA
• No. 18052 A Federal Agency Cannot Make You Quit the Reserves—Part 2
• No. 18053 Section 4316(c) of USERRA: Special Protection against Discharge after Reemployment
• No. 18055 You Must Track your own Five-Year Limit—Part 2
• No. 18056 Veteran with Entry Level Separation Has the Right to Reemploymen
• No. 18059 Beware of Asserting Inconsistent Claims—Part 2
• No. 18060 Employers who Violate USERRA Willfully Should Have To Pay a Substantial Penalty
• No. 18061 DOL-VETS Has Subpoena Power for USERRA Investigations
• No. 18066 America Will Be the Land of the Free only so long as it Remains the Home of the Brave
• No. 18067 You Have a Duty To Mitigate your Damages
• No. 18068 Is it too Late To Sue Blockbuster?
• No. 18069 Relocation Bonus Contract Does Not Override USERRA
• No. 18070 Can I Sue the Commonwealth of Kentucky For Violating my USERRA Rights?
• No. 18077 Can I Sue my State Government Employer for Violating my USERRA Rights?
• No. 18078 Smith v. Tennessee National Guard—The Long Waste of Time Finally Comes to an End
• No. 18079 Is the Federal Government a Single Employer for Purposes of USERRA’s Five-Year Limit?—I Have Reconsidered.
• No. 18080 Recent USERRA Case—Summary Judgment Denied
• No. 18082 It Is Possible To Bypass the MSPB itself and Appeal the AJ’s Decision to the Federal Circuit
• No. 18083 Another Interesting Recent USERRA Case
• No. 18084 Understand and then Insist upon your USERRA Rights
• No. 18085 Medical Appointments for Service-Connected Disability Do Not Amount to “Service in the Uniformed Services” for Purposes of USERRA
• No. 18086 USERRA Does Not Require an Employer To Accommodate the Military Service of the Spouse of an Employee
• No. 18087 Reservist Wins USERRA Case against Gojet Airlines
• No. 18088 USERRA Does Not Protect the Spouse of a Service Member from Discrimination in her Employment
• No. 18090 Another Important New USERRA Case
• No. 18092 The Service Member’s Domicile Is the Place where he or she Lived Before Entering or Re-Entering Active Duty
• No. 18097 Am I Eligible for the Extra 22 Days of Paid Military Leave as a Federal Civilian Employee?
• No. 18098 Yes, Reservists Can Be Called up for Domestic Emergencies
• No. 18100 Look to State Law for Protection of Civilian Jobs of National Guard Members on State Active Duty
• No. 18101 Extra 22 Days of Paid Military Leave for RC Members on Active Duty in Support of Contingency Operations
• No. 18102 Differential Pay for Federal Civilian Employees Who Are Called to the Colors
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 18106 Make-up Promotion Exam for Reservist on Active Duty and away from his or her Police Officer Job
• No. 18107 Major League Baseball Network Apprenticeship Program Requires USAR Soldiers To Certify that they Won’t Volunteer for Deployment To Be Considered for the Opportunity—Does that Violate USERRA?
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 18110 USERRA’s Escalator Can Descend as well as Ascend
• No. 18111 Right to Reemployment in a Term-Limited Federal Job
• No. 18113 Enforcing USERRA against a State Government Employer—Bad News from Texas
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
• No. 19003 In a Lawsuit, you Don’t Get a Mulligan
• No. 19004 Relationship between 5 U.S.C. 8332(c)(2) and 38 U.S.C. 4318
• No. 19011 USERRA Rights of the Returning Veteran
• No. 19015 Applying USERRA to the National Guard Technician
• No. 19018 Returning to a Federal Civilian Job while on Terminal Leave
• No. 19020 SCRA Amended Regarding Voting Rights of Military Spouses
• No. 19024 USERRA and Pension Rights of Airline Pilots
• No. 19025 More on the USERRA Pension Rights of the Airline Pilot
• No. 19026 New Lawsuit against Southwest Airlines for Violating USERRA
• No. 19029 Employer Must Make Prompt Payments to Employee’s Retirement Account after Employee Returns from Military Service
• No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
• No. 19032 Don’t Conflate the Five-Year Limit with the 90-day Deadline To Apply for Reemployment
• No. 19034 Am I Required To Exhaust Remedies through the Union Agreement before I Sue my Employer For Violating USERRA? No
• No. 19035 Forced Arbitration of USERRA Disputes
• No. 19036 Forced Arbitration-I Regret that I Did Not Know then (1991) What I Know Now (2019)
• No. 19037 Army Command’s Civilian Personnel Office Needs To Be Retrained on USERRA
• No. 19043 Reinstatement of Health Insurance Coverage that Is Not through your Civilian Job
• No. 19044 New USERRA Class Action Lawsuit against American Airlines
• No. 19045 Relationship between USERRA and State Law and Union Agreements
• No. 19049 National Guard Technicians Are Precluded from Receiving Paid Military Leave under Section 6323 of Title 5 When they Are on Active Guard & Reserve (AGR) Duty But not when they Are on other Forms of Active Duty
• No. 19051 The Federal Circuit Reverses the MSPB yet again
• No. 19052 Is she Entitled to Seniority and Pension Credit for the Entire Period of Absence from the Job Necessitated by her Service?
• No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
• No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19061 National Guard Technicians Are Sometimes Treated Unjustly
• No. 19063 Excellent New Appellate Case on USERRA
• No. 19066 You Must Meet USERRA’s Five Conditions for Reemployment to have the Right to an Accommodation for a Service-Connected Disability or The Right to the Special Protection against Discharge
• No. 19067 You Don’t Need Prior Approval of your Federal Agency Employer To Join a Reserve Component of the Armed Forces
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19071 Mobilization Interrupts Start of New Job
• No. 19074 State Laws Protecting the Civilian Jobs of National Guard Members on State Active Duty—Do they Apply to Federal Employees?
• No. 19079 Military Service during your Career as a Federal Civilian Employee—What Effect on your Civilian Retirement?
• No. 19081 What Is a Reserve Component Technician?
• No. 19082 Special Additional Sick Leave for New Federal Employees who Are Disabled Veterans
• No. 19083 USERRA Is a Floor and not a Ceiling
• No. 19085 The Vietnam Era Veterans’ Readjustment Assistance Act Does Not Require Employers To Notify Employees about USERRA
• No. 19086 The Federal Reemployment Statute Has Had many Names
• No. 19087 Do I Have To Work on my Day Off? Part Two
• No. 19090 Court Can Use its Equity Powers To Enforce USERRA
• No. 19091 Your County Government Employer Does Not Have Sovereign Immunity under the 11th Amendment of the U.S. Constitution
• No. 19092 Under USERRA, You Are Entitled to Imputed Earnings during The Time You Were Away from Work for Service
• No. 19095 Your Civilian Employer Cannot Make You Quit the Army Reserve, but the Army Reserve May Screen you out Because you Are a Key Employee.
• No. 19096 I Have Been Denied the Right To Telework because of my USAR Service
• No. 19097 Important 2018 Supreme Court Case on SEC ALJs—What Does it Mean for MSPB AJs?
• No. 19105 The Coast Guard and USERRA’s Five-Year Limit-The Title 14 Section Numbers Have Changed
• No. 19106 DOD Instruction 1205.12 Is Wrong and Should Be Rewritten
• No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
• No. 20001 The Struggle against Forced Arbitration Continues
• No. 20005 Favorable USERRA Decision by the 8th Circuit—Part 3 The Judicial Estoppel Issue
• No. 20006 Recent Favorable USERRA Precedent—Part 5 USERRA Rights of Wounded Warriors
• No. 20007 Important New USERRA Case—Part 1
• No. 20008 Important New USERRA Case—Part 2
• No. 20009 DOL-VETS Found in my Favor—Can my Attorney Get the DOL-VETS Report into Evidence?
• No. 20011 Congress Tinkers yet again with the SCRA Concerning Domicile of the Spouses of Active Duty Service Members
• No. 20025 Reemployment Rights after State Active Duty
• No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
• No. 20030 Right to Paid and Unpaid Military Leave for State and Local Government Employees in Massachusetts
• No. 20031 Sergeant Major Erickson’s Long Struggle with the USPS May Be Finally Coming to an End
• No. 20032 Enforcement Procedure for Federal Employee USERRA Complaints
• No. 20034 Can my Employer and the Union Agree To Exclude a Period of Uniformed Service from the USERRA Five-Year Limit?
• No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
• No. 20037 USERRA Coverage of National Guard Members
• No. 20042 EEOC Flouts USERRA
• No. 20043 USERRA’s Escalator Can Descend as well as Ascend
• No. 20047 You Are Entitled to Reinstatement to the Job you Left and Would Have Retained even if that Means that Another Employee Must Be Displaced
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 20049 USERRA Forbids Employer Harassment of Reserve Component Personnel
• No. 20050 Location Is an Aspect of Status
• No. 20051 Paid Military Leave and Differential Pay for Federal Civilian Employees Who Are Members of the National Guard or Reserve
• No. 20052 Important New Case on the Furlough or Leave of Absence Clause
• No. 20053 Returning to Work for a Different Federal Agency—Be Sure that you Get USERRA Pension Credit for your Period of Service
• No. 20057 You Have the Right To Use Vacation Days or other Paid Time Off for Your Military Duty, without Regard to State Law, the Collective Bargaining Agreement, or the Employer’s Policy
• No. 20058 Paid Military Leave for Federal Civilian Employees
• No. 20059 The USPS and USERRA
• No. 20060 Why Did I Receive this COBRA Notice after I Left my Job To Go on Active Duty?
• No. 20063 Removed: content errors
• No. 20065 You Can Use the Same Active Duty Period To Qualify for Reserve Retirement at Age 60 and Civilian Job Retirement
• No. 21002 Congress Expands USERRA Coverage
• No. 21004 More on Successor in Interest and USERRA
• No. 21006 Am I Required To Participate in my Civilian Employer’s Investigation while I Am Deployed?
• No. 21007 How Does USERRA’s “Furlough or Leave of Absence” Clause Apply to your Airline’s “Crisis Time Off” Program?
• No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
• No. 21009 Yes, You Can Double Dip
• No. 21013 There Need Not Be a Merger or Transfer of Assets for the New Employer To Be the Successor-in-Interest to the Old Employer
• No. 21018 The Arkansas Constitution Violates USERRA and Is Void under the Supremacy Clause of the United States Constitution.
• No. 21019 Fight against Forced Arbitration in USERRA and SCRA Cases Continues
• No. 21021 Veterans’ Preference in the Excepted Service
• No. 21023 Neither the Fact that the Assignment Is OCONUS, Nor the “Temporary” Nature of the Assignment, Nor the Fact that the Contract Number Has Changed, Nor the Fact that the Job Has Been Filled Defeats your USERRA Rights.
• No. 21024 Federal Employee Called to the Colors as RC Member Is Entitled to Continued Civilian Health Insurance Coverage for Free
• No. 21025 Apply for Reemployment with the new Company as well as the Company you Were Working for before your Active Duty
• No. 21027 Employers and Supervisors: Saying “Thank You for Your Service” Is Not Enough.
• No. 21030 Applying the Escalator Principle to the Hiring Hall
• No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
• No. 21033 DOL USERRA Regulations Need To Be Updated
• No. 21034 State Active Duty Performed by National Guard Members after 1/5/2021 Is now Protected by USERRA, under most Circumstances
• No. 21036 Reporting back to Work after Weekend Drills
• No. 21037 Don’t Apply for Reemployment until you Are Ready To Return to Work.
• No. 21038 Where to Find Federal and State Laws Online that Protect Students whose Educational Careers Are Interrupted by Military Service
• No. 21039 Can I Earn the Five-Point Veterans’ Preference by Volunteering for Active Duty?
• No. 21040 In a Contributory Pension Plan, You Must Make Up the Missed Employee Contributions to the Pension Plan after you Return to Work.
• No. 21041 It Is Unlawful To Copy your Military ID.
• No. 21042 New York Law Includes a Provision for your Situation
• No. 21043 If it Is Not in the Written Settlement Agreement, You Are Not Getting it.
• No. 21044 I Was Injured while on Active Duty—What DoI Do Now?
• No. 21046 USERRA’s Furlough or Leave of Absence Clause Is Not Just for Airline Pilots.
• No. 21047 USERRA and the FMLA—Two Different Laws Enacted at Different Times, Applying to Different Situations.
• No. 21048 A USERRA-like Law Protects College Students
• No. 21049 The USERRA-like Law for Students Does Not Apply to Typical Reserve Component Service
• No. 21050 Am I Entitled to Paid Military Leave?
• No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension
• No. 21052 Don’t Lambaste the Serial Volunteers, But Don’t Give them all the Duty they Want.
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21056 USERRA Protects Inactive Duty Training and Active  Duty for Training for Retirement Points Only.
• No. 21057 USERRA’s Five-Year Limit for the National Guard Member.
• No. 21059 Pension Rights upon Reemployment.
• No. 21060 If you Leave your Civilian Job for Military Service and Return under USERRA, the Time you Would Have Worked in the Civilian Job Counts For Purposes of your Eligibility for Family Leave under the FMLA.
• No. 21064 DOJ Sues Guam for Violating USERRA
• No. 21068 Firing the City Manager Violated USERRA.
• No. 21073 Domicile Discussion for the Military Legal Assistance Attorney
• No. 21074 Yes, USERRA Applies to National Guard Member on State Active Duty To Drive School Buses.
• No. 21076 ROA Helps Enlisted Air National Guard Member who Is a Federal Employee To Receive Differential Pay for Active-Duty Periods.
• No. 21077 Paid Military Leave for Federal Employees
• No. 21078 In Awarding Contracts for the Procurement of Goods or Services, the United States Department of Veterans Affairs Must Award the Contracts to Small Businesses Owned and Operated by Service-Connected Disabled Veterans under some Circumstances.
• No. 21081 Her Application for Reemployment Was Timely, and it Was Unlawful For the Employer to Make her Use PTO for the Week between her Release from Active Duty and her Application for Reemployment.
• No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
• No. 22010 When You Leave a Federal Agency for Military Service, I Suggest that You Apply for Reemployment at the Same Agency, but Applying at a Different Agency May Not Be Fatal to Your Rights.
• No. 22011 You Are Entitled to Federal Civilian Pension Credit for your 1988-91 Active Duty Period, But Not under USERRA.
• No. 22012 Securing your Pension Rights when you Return to Federal Civilian Employment after Military Service
• No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
• No. 22015 USERRA Was Recently Amended To Make it Apply to State Active Duty Performed by National Guard Members. How Does that Affect USERRA’s Five-Year Limit?
• No. 22018 No Statute of Limitations Limits when you Can Initiate a USERRA Complaint.
• No. 22020 Does USERRA Apply to Service in the Coast Guard Auxiliary or the Civil Air Patrol? No, at least not yet.
• No. 22026 Four Distinct Statuses for National Guard Members
• No. 22027 Arizona Enacts New Legislation for Post-Secondary Students who Actively Participate in the National Guard or Reserve
• No. 22028 Yes, You Can Double-Dip, New Hampshire Law to the Contrary Notwithstanding.
• No. 22029 USERRA Does Not Protect the Spouse of the Service Member.
• No. 22030 Cashing out your Paid Time Off while you Are on Active Duty
• No. 22033 USERRA Does Not Protect the Spouse of the Service Member.
• No. 22036 Because Joe Smith Met the Five USERRA Conditions for his 2018-21 Active-Duty Period, You Must Give him Civilian Pension Credit for the Entire Period that he Was away from Work for Service.
• No. 22038 Good News: The MSPB Finally Has a Quorum.
• No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
• No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
• No. 22046 Good News from the Supreme Court about Enforcing USERA against State Government Employers
• No. 22047 Please Do Not Fire the National Guard Technician While He Is on Active Duty.
• No. 22048 Forced Arbitration of USERRA Disputes
• No. 22052 A Federal Employee Has only 45 Days To File an EEO Complaint, But That Deadline Does Not Apply to USERRA Complaints
• No. 22056 It Is Unlawful for your Pre-Service Employer, a Federal Agency, To Fire you for Exceeding the Five-Year Limit.
• No. 22057 National Guard Technicians Are Not Entitled To Receive Paid Military Leave under 5 U.S.C. § 6323(a)(1) when they Are on AGR Duty. They Are Entitled to Paid Military Leave when they Are on other forms of Military Duty.
• No. 22061 State Agencies Must Comply with USERRA.
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 22070 USERRA Requires the Employer To Fund the Returning Veteran’s Pension Account upon Reemployment.
• No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
• No. 23005 Brigadier General Michael J. Silva Won an Important, Precedent-Setting USERRA Case in 2009 Preserving USERRA Rights for Dual Employees
• No. 23006 Has ESGR Not Gotten the Word about the 2021 USERRA Amendment?
• No. 23010 Paid Military Leave for State Employees Is Usually a Matter of State Law, and the State Laws Vary Greatly
• No. 23012 Enforcing USERRA against a Local Government
• No. 23014 You Can Bring Closely Related State Law Claims along with your Federal USERRA Claim in your Federal Court Lawsuit
• No. 23015 Don’t Try To Work at your Civilian Job while you Are on Active Duty—Part 4
• No. 23022 USERRA’s Five-Year Limit Applies to the Cumulative Period of Uniformed Service that you Have Performed with Respect to the Employer Relationship for which you Seek Reemployment, Not the Cumulative Days of Absence from the Civilian Job.
• No. 23023 If I Am away from my Civilian Job for Voluntary or Involuntary Service in the Uniformed Services, Do I Continue Accruing Annual Leave in My Civilian Job?
• No. 23027 What Is a Prohibited Personnel Practice (PPP)? My Federal Supervisor Has Willfully Violated USERRA. Is that a PPP?
• No. 23028  Future of Space Force Reserve and Guard Forces
• No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.
• No. 23030 The Wrong Way To Assert that your Employer Violated USERRA
• No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.
• No. 23032 Recent USERRA Decision in the Northern District of Illinois
• No. 23034 Yes, USERRA Applies to “Temporary” Jobs.

1.10 Vacation Benefits

• No. 09003 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.

• Mississippi
• Missouri
• Nevada
• New Hampshire
• New Jersey
• Ohio
• Oklahoma
• South Carolina
• Tennessee
• Virginia
• West Virginia
• No. 033 Paid Military Leave for Federal Employees. November 2001
• No. 047 Good News from California. June 2002.
• No. 062 Paid Military Leave for Federal Civilian Employees. December 2002
• *No. 071 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. 10003 Differential Pay for Federal Employees
• No. 10010 Differential Pay for Federal Employees—Continued
• No. 10098 Paid Military Leave for National Guard Technicians
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 13008 NDAA 2013 Promotes Fairness for Coast Guard Reserve
• No. 13009 Differential Pay for Federal Employees Called to Active Duty for Contingency Service
• No. 13033 Right to Federal Employee Differential Pay Continues if Retained on Active Duty due to Combat Wound
• No. 13115 Notice to your Civilian Employer before AGR Duty
• No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
• No. 13160 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” Authority
• No. 14028 I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
• No. 14029 DOJ Sues Missouri Adjutant General under USERRA
• No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
• No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
• No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
• No. 15056 What Is “Service in the Uniformed Services” for USERRA Purposes?
• No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
• No. 16021 Does USERRA Give me the Right to Time Off from my Civilian Job for an Interview about Reassignment to a new Guard Unit?
• No. 16049 The Right to 15 Days of Paid Military Leave Applies to Federal Employees, Not Employees of Federal Contractors
• No. 16051 Wounded Warriors Federal Leave Act of 2015
• No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
• No. 16117 Reservists Called to Active Duty under 10 U.S.C. 12304b Are Not Eligible for Differential Pay as Federal Civilian Employees
• No. 16118 The Federal Write-in Absentee Ballot (FWAB)—First you Must Apply for a Regular Absentee Ballot before you Can Submit a Completed FWAB
• No. 16119 Differential Pay for Federal Employees Who Were Recalled to Active Duty To Respond to the Deepwater Horizon Disaster
• No. 17013 Because of NDAA 2017, National Guard Technicians No Longer Receive Paid Military Leave under 5 U.S.C. 6323 while on AGR Duty
• No. 17049 DC Government Is Treated as a State for USERRA Purposes
• No. 17082 Differential Pay for Federal Employees Voluntarily on Active Duty as National Guard or Reserve Service Members
• No. 18030 Great New Federal Circuit Case about Paid Military Leave for Federal Employees
• No. 18033 National Guard Technicians Are Precluded from Receiving Paid Military Leave while Performing “Active Guard and Reserve Duty” But Not while Performing Other Kinds of Military Service
• No. 18097 Am I Eligible for the Extra 22 Days of Paid Military Leave as a Federal Civilian Employee?
• No. 18101 Extra 22 Days of Paid Military Leave for RC Members on Active Duty in Support of Contingency Operations
• No. 18102 Differential Pay for Federal Civilian Employees Who Are Called to the Colors
• No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
• No. 19001 How Much Military Leave Am I Entitled to under USERRA
• No. 19045 Relationship between USERRA and State Law and Union Agreements
• No. 19049 National Guard Technicians Are Precluded from Receiving Paid Military Leave under Section 6323 of Title 5 When they Are on Active Guard & Reserve (AGR) Duty But not when they Are on other Forms of Active Duty
• No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
• No. 19056 USERRA Coverage of National Guard Personnel
• No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
• No. 19073 Full Pay while on the Basic 15 Days of Paid Military Leave, But only Differential Pay during the Extra 22 Days
• No. 19074 State Laws Protecting the Civilian Jobs of National Guard Members on State Active Duty—Do they Apply to Federal Employees?
• No. 19081 What Is a Reserve Component Technician?
• No. 19082 Special Additional Sick Leave for New Federal Employees who Are Disabled Veterans
• No. 20030 Right to Paid and Unpaid Military Leave for State and Local Government Employees in Massachusetts
• No. 20051 Paid Military Leave and Differential Pay for Federal Civilian Employees Who Are Members of the National Guard or Reserve
• No. 20057 You Have the Right To Use Vacation Days or other Paid Time Off for Your Military Duty, without Regard to State Law, the Collective Bargaining Agreement, or the Employer’s Policy
• No. 20058 Paid Military Leave for Federal Civilian Employees
• No. 21024 Federal Employee Called to the Colors as RC Member Is Entitled to Continued Civilian Health Insurance Coverage for Free
• No. 21050 Am I Entitled to Paid Military Leave?
• No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
• No. 21076 ROA Helps Enlisted Air National Guard Member who Is a Federal Employee To Receive Differential Pay for Active-Duty Periods.
• No. 21077 Paid Military Leave for Federal Employees
• No. 22037 Depriving You of Paid Military Leave under 5 U.S.C. § 6323 Violates USERRA.
• No. 22056 It Is Unlawful for your Pre-Service Employer, a Federal Agency, To Fire you for Exceeding the Five-Year Limit.
• No. 22057 National Guard Technicians Are Not Entitled To Receive Paid Military Leave under 5 U.S.C. § 6323(a)(1) when they Are on AGR Duty. They Are Entitled to Paid Military Leave when they Are on other forms of Military Duty.
• No. 23010 Paid Military Leave for State Employees Is Usually a Matter of State Law, and the State Laws Vary Greatly
• No. 23028  Future of Space Force Reserve and Guard Forces
• No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.
• No. 23032 Recent USERRA Decision in the Northern District of Illinois

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. 002 Pension Credit for Military Service that Predates Civilian Employment. March 1998
• No. 013 Pension Credit for Pre-Employment Military Service. June 2000
• No. 015 Pension Credit for Military Service Continued. August 2000
• *No. 016 Department Involvement in State Issues. September 2000
• No. 021 State Retirement Credit for Military Service. Virginia Agrees with ROA’s Position. December 2000
• No. 048 Retirement Benefits for Government Employees Who Are Reservists. July-August 2002
• No. 057 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. 10007 Active Duty that Enables You to Receive Reserve Retirement before Your 60th Birthday
• No. 12059 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
• No. 12100 Yes You Can Double-Dip!
• No. 13133 NYPD Violates USERRA Again
• No. 13150 Credit for Military Time for Leave Accrual Purposes as a Federal Employee
• No. 16038 Pension Rights in a Defined Contribution Plan
• No. 16040 Buying Federal Civil Service Retirement Credit for Years Spent at a Service Academy, Even if you are a Military Retiree
• No. 16091 Section 12736 Overrides State “No Double Dipping” Laws
• No. 16116 New Federal Employee Should Make Deposit for Previous Active Duty
• No. 18022 You Can Purchase Federal Civilian Retirement Credit for your Active Duty Time, and this Does Not Affect your Reserve Component Retirement at Age 60
• No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
• No. 19005 Accrual of Annual Leave as a Federal Civilian Employee—Credit for Prior Active Duty
• No. 20038 Yes, Coast Guard Reservists Can Be Called to Active Duty Involuntarily for Domestic Emergencies
• No. 21009 Yes, You Can Double Dip
• No. 22028 Yes, You Can Double-Dip, New Hampshire Law to the Contrary Notwithstanding.

3.1 Federal Employment

• No. 0637 Does USERRA Apply To TSA Screeners?
• No. 11076 Active Duty Time Counts for Federal Civilian Leave Accrual Purposes, Part 2
• No. 15079 Unlawful for Federal Agency to Fire Employee for Contacting Congress
• No. 15085 Purchasing Federal Civilian Retirement Credit for Active Military Service before You Began Your Federal Civilian Career
• No. 21009 Yes, You Can Double Dip

4.0 Soldiers’ and Sailors’ Civil Relief Act (SSCRA) and the Servicemembers’ Civil Relief Act
(SCRA) Generally
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.

• *No. 066 Letter to the Department of Justice About the SSCRA. March-April 2003.
• No. 092 Going on the Offensive Using Section 590 of the SSCRA. October 2003.
• No. 116 Servicemembers’ Civil Relief Act
• No. 09047 Improve The Servicemembers Civil Relief Act
• No. 10085 Improve the SCRA: Progress Made and What Remains To Be Done
• No. 12045 Waiver of Rights Under SCRA
• No. 12046 Should We Tell the Employers Now or Wait?
• No. 12116 Contractor Employees in Afghanistan Are Not Protected by the SCRA or USERRA
• No. 13030 Important Recent Case on the Servicemembers Civil Relief Act
• No. 13121 Maintaining Domicile and Avoiding State Income Tax while on National Guard AGR Tour
• No. 13152 The Service Members Civil Relief Act Does Not Bar all Lawsuits Against Active Duty Service Members
• No. 13158 Why are Service Members Treated Differently?
• No. 14008 SCRA and Disability Income Replacement Insurance
• No. 15061 The Servicemembers Civil Relief Act only Protects Service Members
• No. 15115 The Servicemembers Civil Relief Act Has Moved
• No. 16019 Does Army National Guard Recruit Have Right to Get out of Apartment Lease?
• No. 16038 Pension Rights in a Defined Contribution Plan
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 17036 USERRA and SCRA Coverage for National Guard Members Serving on “Full Time National Guard Duty”
• No. 17055 Don’t Carp about “Burdens” that Military Personnel Impose on the Rest of us
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 17072 The Federal Servicemembers Civil Relief Act Does Not Apply to National Guard Members on Full-time National Guard Duty, but such Members May Have SCRA-type Rights under State Law.
• No. 17108 School Principal and School District Violate SCRA in their Treatment of Deployed Service Member regarding School Registration
• No. 17124 The SCRA and the Active Duty Service Member—Full-Time National Guard Duty Is Not Active Duty
• No. 17125 SCRA Coverage for National Guard Members on Title 32 Duty
• No. 19014 Small Sacrifices from all Will Make the All-Volunteer Military Work
• No. 19028 The SCRA Forbids Non-Judicial Foreclosure of the Personal or Real Property of the Active Duty Service Member
• No. 20037 USERRA Coverage of National Guard Members
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 20055 The SCRA Protects you from Having To Pay Personal Property Tax on the Vehicle that you Own, But Not a Vehicle you Lease
• No. 22031 The Fact that the Client Was Doing Business in Corporate Form Does Not Defeat her SCRA Rights.
• No. 23016 Unfair Loan Interest Charged Against Service Members: Act Before it’s Too Late
• No. 23019 Military Spouses can Transfer Professional Licenses or Certificates During Military Moves (except lawyers)

4.1 Right to Interest Rate Reduction upon Mobilization

• No. 001 Cathey v. Bancorp South: David Beats Goliath in Federal Court. October 2001.
• No. 045 USERRA and SSCRA Coverage for National Guard Members. June 2002
• No. 112 Interest Rate Cap After Mobilization
• No. 0638 Interest Rate Reduction to 6 Percent After Mobilization
• No. 11014 Student Loans Are Now Subject to SCRA 6% Interest Rate Cap
• No. 11048 The Servicemembers Civil Relief Act and Foreclosure
• No. 12110 SCRA as Solution to Problem of Student Loan Debt for Service Members—Not so Fast
• No. 13052 The SCRA and the “Collection Fee” on my College Tuition
• No. 13158 Why are Service Members Treated Differently?
• No. 13168 Interest Rate Reduction upon Mobilization
• No. 14025 SCRA Interest Rate Reduction Does Not Mean Taxable Incom
• No. 15109 Amend the SCRA To Preclude Predispute Binding Arbitration Clauses
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 17072 The Federal Servicemembers Civil Relief Act Does Not Apply to National Guard Members on Full-time National Guard Duty, but such Members May Have SCRA-type Rights under State Law.
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 20044 Yes, the SCRA Applies to you while you Attend Coast Guard A School
• No. 21010 The Right to Interest Rate Reduction on Debts Applies to Debts you Incurred Before you Entered Active Duty
• No. 23001 USERRA, the SCRA, and Military Recruiting
• No. 23016 Unfair Loan Interest Charged Against Service Members: Act Before it’s Too Late

4.2 Right to Terminate a Lease or Contract upon Mobilization

• *No. 072 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. 09035 SCRA’s New Cell-Phone Contract Termination Provision: A Welcome Provision, But Limited in Scope
• No. 09044 Get Out of Lease upon Mobilization
• No. 10079 Congress Strengthens SCRA Provision on Terminating Lease of Premises or Vehicle upon Activation, Deployment, or PCS Orders
• No. 10081 Ouatdated-removed
• No. 11048 The Servicemembers Civil Relief Act and Foreclosure
• No. 12068 Getting out of a Lease upon Deployment of Soldier
• No. 13102 Air Force Recruit Has Right to Terminate Apartment Lease
• No. 13107 Terminating a Lease Held Solely by a Servicemember Dependent
• No. 13121 Maintaining Domicile and Avoiding State Income Tax while on National Guard AGR Tour
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 13158 Why are Service Members Treated Differently?
• No. 13167 SCRA Rights to Terminate Apartment Lease
• No. 14018 Required Refund on Canceled Vehicle Lease
• No. 14041 New Legislation in New Mexico for Service Members
• 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. 16019 Does Army National Guard Recruit Have Right to Get out of Apartment Lease?
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 18092 The Service Member’s Domicile Is the Place where he or she Lived Before Entering or Re-entering Active Duty
• No. 18103 USERRA, the SCRA, and Military Recruiting
• No. 19021 SCRA Amended regarding Terminating Certain Leases and Contracts
• No. 19100 You Have the Right To Terminate your Apartment Lease when you Go on Active Duty
• No. 21010 The Right to Interest Rate Reduction on Debts Applies to Debts you Incurred Before you Entered Active Duty
• No. 22022 The Servicemembers Civil Relief Act Right to a Continuance Is Subject to the Equitable Doctrine of “Clean Hands.”
• No. 22065 USERRA Applies to Service in the Active Component of the Armed Forces, as well as National Guard and Reserve Service.
• No. 23033 I Have Enlisted. I Want To Terminate my Apartment Lease.

4.3 Right to Continuance and Protection Against Default Judgement

• No. 078 Bankruptcy and the SSCRA. June 2003.
• *No. 088 Right to Continuance of Administrative Hearing. July-August 2003.
• No. 0617 SCRA Applies to Bankruptcy Proceedings
• No. 0635 Child Custody: SCRA can assist deployed servicemembers caught up in child custody cases, but be careful of misusing the law.
• No. 0819 Congress Emphasizes that SCRA Applies to Child Custody Proceedings
• No. 0839 SCRA Does Not Apply to Arbitration Proceedings, But It Should
• No. 09051 What Happens to the Child When I Get Mobilized?
• No. 10048 James B. Hurley’s Saga Continues
• No. 10073 A Small Price: Laws on the books protect the few who sacrifice for the many
• No. 10078 Don’t Sacrifice Military Personnel to “Paperwork Problems” in Foreclosures
• No. 10094 Coverage for National Guard Members on State Duty
• No. 11016 Debt Collectors’ Trade Association Acknowledges SCRA
• No. 11018 Fourth Circuit Holds New SCRA Private Right of Action is Retroactive
• No. 11038 Garnishment of Military Pay
• No. 11048 The Servicemembers Civil Relief Act and Foreclosure
• No. 11087 DOJ Proposes SCRA Amendments
• No. 12044 Senator Introduces Bill to Improve SCRA
• No. 12092 Illegal Non-Judicial Foreclosure on Service Member’s House
• No. 12116 Contractor Employees in Afghanistan Are Not Protected by the SCRA or USERRA
• No. 13026 Child Custody and Military Service
• No. 13030 Important Recent Case on the Servicemembers Civil Relief Act
• No. 13088 Supreme Court Reverses South Carolina Supreme Court in Indian Child Welfare Act Case
• No. 13141 Outdated-removed
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 13152 The Service Members Civil Relief Act Does Not Bar all Lawsuits Against Active Duty Service Members
• No. 13158 Why are Service Members Treated Differently?
• No. 15019 North Carolina Judge Reprimanded for Flouting SCRA
• No. 15031 Santander Consumer USA Required To Pay $9.35M for Illegally Repossessing the Vehicles of Service Members
• No. 15061 The Servicemembers Civil Relief Act only Protects Service Members
• No. 15109 Amend the SCRA To Preclude Predispute Binding Arbitration Clauses
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 16095 USERRA, the SCRA, and Statutes of Limitation
• No. 16105 The Posse Comitatus Act and the Activated Reservist
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 17102 USERRA and the SCRA for the Military Recruiter
• No. 19012 Yes, the SCRA Applies to Child Custody Proceedings
• No. 19013 The Court Must Grant a 90-day Continuance to the Absent Service Member Who Applies for a Stay and Meets the Statutory Conditions
• No. 19028 The SCRA Forbids Non-Judicial Foreclosure of the Personal or Real Property of the Active Duty Service Member
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 21026 USERRA and the SCRA Are Great Laws, but there Are Limits
• No. 22009 Professional Malpractice Liability Insurance Coverage for Recalled Reservists in the Health Care and Legal Professions
• No. 22019 To Get a Continuance under the SCRA, You Must Meet the SCRA Requirements.
• No. 22023 Obtaining a Stay under the Servicemembers Civil Relief Act when Military Duties Preclude you from Participating in a Civil Lawsuit or Administrative Procedure.
• No. 22031 The Fact that the Client Was Doing Business in Corporate Form Does Not Defeat her SCRA Rights.
• No. 22039 The Right to a Continuance under the SCRA Applies Even If The Service Member Is Doing Business in Corporate Form.
• No. 23001 USERRA, the SCRA, and Military Recruiting

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?
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 17089 Reinstate your Civilian Heath Insurance upon Reemployment
• No. 19043 Reinstatement of Health Insurance Coverage that Is Not through your Civilian Job
• No. 20060 Why Did I Receive this COBRA Notice after I Left my Job To Go on Active Duty?

4.5 Protection from State/Local Tax Authorities

• 204 Domicile of Military Spouses for Voting and Taxation Purposes
• No. 0603 Virginia Voter registration Unlawfully Challenges The Voter Registration Of Military Personnel And Spouses
• No. 0618 Military Spouse Voting in Virginia—Problem Solved
• No. 09017 Supreme Court Upholds Constitutionality of the SSCRA
• No. 09059 Congress Enacts New Provisions for Military Spouse Voting and Taxation
• No. 10018 SCRA Applies to USPHS Officers
• No. 11042 Where Do Military Personnel and Family Members Vote?
• No. 11079 SCRA Only Protects Your Military Income from State Income Tax
• No. 11087 DOJ Proposes SCRA Amendments
• No. 11107 UOCAVA Protects Voting Rights of Overseas Americans
• No. 11112 Why Can’t the Military Voters All Register to Vote Here on Base?
• No. 12041 Redistricting Litigation in Hawaii Threatens to Disfranchise Military Voters
• No. 12080 Keep on Voting in New Hampshire, not Ohio
• No. 13003 Military Spouse Residency Relief Act—Part 2
• No. 13005 SCRA Bars Double State Taxation of your Reserve Drill Pay
• No. 13120 Can I Keep my Texas Domicile while on a Three-Year AGR Tour in DC?
• No. 13121 Maintaining Domicile and Avoiding State Income Tax while on National Guard AGR Tour
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 13155 Where Am I to Vote?
• No. 13158 Why are Service Members Treated Differently?
• No. 15076 SCRA Precludes Oregon from Making you Pay State Income Tax in Oregon while you are Serving there in the PHS
• No. 15095 Military Voting in 2016
• No. 15113 The Service Member Has a Constitutional Right to Register and Vote in the Community where He or She Is Stationed
• No. 15117 Maintain your Texas Domicile until you Retire and Leave Active Duty
• No. 15118 Maintain your Domicile on the Indian Reservation To Avoid State Income Tax while on Active Duty
• No. 16048 Where and How Does the Service Member Vote?
• No. 16076 The SCRA Protects the Active Duty Service Member from Having To Pay State Income Tax, But only under certain Circumstances
• No. 16118 The Federal Write-in Absentee Ballot (FWAB)—First you Must Apply for a Regular Absentee Ballot before you Can Submit a Completed FWAB
• No. 17008 Am I Stuck with my “Domicile” in Puerto Rico?
• No. 17034 The SCRA and Vehicle Registration
• No. 17037 SCRA Makes It Unlawful for State To Consider the Service Member’s Military Income in Determining the Rate at which the Income of the Non-Military Spouse Is Taxed
• No. 17038 Is it Lawful for the State where I Am Stationed but not Domiciled To Tax my Non-Military Income?
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 17061 Career Service Member Is Eligible To Vote in the Community where she Lived before Enlisting
• No. 17108 School Principal and School District Violate SCRA in their Treatment of Deployed Service Member regarding School Registration
• No. 17124 The SCRA and the Active Duty Service Member—Full-Time National Guard Duty Is Not Active Duty
• No. 18016 Review on Service Member Voting and Domicile
• No. 18020 You Have the Right To Vote by Absentee Ballot in your Home Town while You Are on Active Duty, even if You Don’t Intend To Return when You Leave Active Duty.
• No. 18092 The Service Member’s Domicile Is the Place where he or she Lived Before Entering or Re-entering Active Duty
• No. 19019 New SCRA Amendment Changes the Treatment of Military Spouses for State Income Tax Purposes
• No. 19020 SCRA Amended regarding Voting Rights of Military Spouses
• No. 19077 Domicile and Residence for Tax Purposes of the Spouse of the Active Duty Service Member
• No. 19078 You Have only One Domicile—Be Certain and Consistent
• No. 20011 Congress Tinkers yet again with the SCRA Concerning Domicile of the Spouses of Active Duty Service Members
• No. 20055 The SCRA Protects you from Having To Pay Personal Property Tax on the Vehicle that you Own, But Not a Vehicle you Lease
• No. 21072 Vote in the 2022 Mid-Term Elections
• No. 21073 Domicile Discussion for the Military Legal Assistance Attorney
• No. 22049 Because you Are still on Active Duty, you Are still Domiciled and Entitled To Vote by Absentee Ballot At the Address that you left in 1998.

4.6 Eviction and Foreclosure Protection

• No. 111 Eviction Protection After Mobilization
• No. 12042 SCRA Forbids Non-Judicial Foreclosure During or Withing Nine Months After Active Duty
• No. 12048 DOJ Settles SCRA Case Against Norfolk Towing Company
• No. 12092 Illegal Non-Judicial Foreclosure on Service Member’s House
• No. 13030 Important Recent Case on the Servicemembers Civil Relief Act
• No. 14017 Statute of Limitations and the NYPD Class Action USERRA Laws
• No. 15031 Santander Consumer USA Required To Pay $9.35M for Illegally Repossessing the Vehicles of Service Members
• No. 16113 Reflections on 40 Years as a Lawyer
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 19028 The SCRA Forbids Non-Judicial Foreclosure of the Personal or Real Property of the Active Duty Service Member
• No. 20055 The SCRA Protects you from Having To Pay Personal Property Tax on the Vehicle that you Own, But Not a Vehicle you Lease
• No. 21063 A Dallas Towing Company Has Settled with the Justice Department after Wrongfully Selling SCRA-protected Service Member Vehicles.

4.7 Extension of Statutes of Limitations and Redemption Periods

• No. 09008 The SSCRA Means What It Says, Supreme Court Holds
• No. 09060 SCRA Tolls the Running of Statutes of Limitations
• No. 11081 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
• No. 12052 Contractual Statute of Limitations Under USERRA
• No. 12062 What is a “Frontiero Refrigerator?”
• No. 17059 Person Entering Military Service Has the Right To Terminate an Apartment Lease
• No. 19010 Section 1044b of Title 10 Requires Local Governments To Accept and Act upon Military Powers of Attorney
• No. 14038 Is the Statute of Limitations Tolled When I am on Inactive Duty Training?
• No. 21065 What Is the Deadline for Filing an SCRA Lawsuit?
• No. 21066 What Is the Deadline for Filing an SCRA Lawsuit?  Part 2

4.8 Professional Malpractice Liability Insurance Suspension and Reinstatement

• No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions
• No. 22009 Professional Malpractice Liability Insurance Coverage for Recalled Reservists in the Health Care and Legal Professions

4.9 SCRA Enforcement

• No. 09041 Does the SCRA Create a Private Right of Action?
• No. 09042 Attorney Fees under the SCRA
• No. 10048 James B. Hurley’s Saga Continues
• No. 10083 Congress Beefs up the SCRA Enforcement Mechanism
• No. 11018 Fourth Circuit Holds New SCRA Private Right of Action is Retroactive
• No. 11048 The Servicemembers Civil Relief Act and Foreclosure
• No. 11051 Beef Up Enforcement of the SCRA
• No. 11087 DOJ Proposes SCRA Amendments
• No. 12044 Senator Introduces Bill to Improve SCRA
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 12048 DOJ Settles SCRA Case Against Norfolk Towing Company
• No. 12092 Illegal Non-Judicial Foreclosure on Service Member’s House
• No. 13030 Important Recent Case on the Servicemembers Civil Relief Act
• No. 13102 Air Force Recruit Has Right to Terminate Apartment Lease
• No. 13152 The Service Members Civil Relief Act Does Not Bar all Lawsuits Against Active Duty Service Members
• No. 13168 Interest Rate Reduction upon Mobilization
• No. 14018 Required Refund on Canceled Vehicle Lease
• No. 15031 Santander Consumer USA Required To Pay $9.35M for Illegally Repossessing the Vehicles of Service Members
• No. 15109 Amend the SCRA To Preclude Predispute Binding Arbitration Clauses
• No. 16062 Waiver Provisions in the SCRA and USERRA
• No. 16115 DOJ Announces New Effort To Enforce USERRA and SCRA
• No. 17034 The SCRA and Vehicle Registration
• No. 17072 The Federal Servicemembers Civil Relief Act Does Not Apply to National Guard Members on Full-time National Guard Duty, but such Members May Have SCRA-type Rights under State Law.
• No. 19028 The SCRA Forbids Non-Judicial Foreclosure of the Personal or Real Property of the Active Duty Service Member
• No. 20029 NDAA 2020 Amended the SCRA regarding Class Action Lawsuits
• No. 21063 A Dallas Towing Company Has Settled with the Justice Department after Wrongfully Selling SCRA-protected Service Member Vehicles.
• No. 21065 What Is the Deadline for Filing an SCRA Lawsuit?
• No. 21066 What Is the Deadline for Filing an SCRA Lawsuit?  Part 2
• No. 23016 Unfair Loan Interest Charged Against Service Members: Act Before it’s Too Late

4.10 Protection against Discrimination Based on Exercise of SCRA Protections

• No. 09043 Is it Unlawful To Deny a Loan Because of Reserve Component Membership?
• No. 13094 Please Don’t Supplant USERRA
• No. 13103 Forced to Quit Reserve to Obtain Loan to Buy Dental Practice

5.0 Military Service and Family Obligations

• *No. 022 Division of Military Pension in Divorce. January-February 2001.
• *No. 038 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. 09051 What Happens to the Child When I Get Mobilized?
• No. 10008 Reserve Component Survivor Benefit Plan for Reservist Who Marries After Notification of Eligibility to Participate
• No. 10068 If I Choose the RC-SBP and then Die, When Does My Husband Get the Cash?
• No. 10069 No Wife, No Kids—Am I Eligible to Elect RC-SBP?
• No. 10086 Military Family Law Primer
• No. 10099 Law Review 1008 Reconsidered
• No. 11017 Hawaii Legislature Enacts Legislation Protecting Military Parents in Child Custody Disputes
• No. 12053 Military Power of Attorney: A Copy is Not Just as Good as an Original
• No. 12084 Federal Court Finds DOD to Be “Arbitrary and Capricious” for Denying TRICARE Coverage for Autism Therapy
• No. 12087 Dependents with Disabilities: Adult children can qualify for IDs and Tricare with proper documentation
• No. 13003 Military Spouse Residency Relief Act—Part 2
• No. 13026 Child Custody and Military Service
• No. 13059 Military Spouses Need Careers Too
• No. 13088 Supreme Court Reverses South Carolina Supreme Court in Indian Child Welfare Act Case
• No. 13152 The Service Members Civil Relief Act Does Not Bar all Lawsuits Against Active Duty Service Members
• No. 13169 Military Pension Division: The Warrant Officer and the Wingman
• No. 14021 The 20-20-20 Rule and Nonregular Service
• No. 15049 Disability and Division of Benefits with Ex-Spouse
• No. 15047 A Teaspoon of TSP
• No. 15048 Military Service, Civil Service, Settlement and Sabotage
• No. 15090 Does my Mother Lose her Military Widow Benefits if she Remarries?
• No. 16088 The Notice of Eligibility and the RC Retirement System
• No. 17006 Military Pension Division: The Frozen Benefit Rule
• No. 17008 Am I Stuck with my “Domicile” in Puerto Rico?
• No. 17062 New Supreme Court Decision on Dividing Military Retired Pay in Divorce
• No. 19007 You Need a Military Power of Attorney
• No. 19012 Yes, the SCRA Applies to Child Custody Proceedings
• No. 19013 The Court Must Grant a 90-day Continuance to the Absent Service Member Who Applies for a Stay and Meets the Statutory Conditions
• No. 19058 ROA Member Writes the Definitive Treatise on Military Family Law
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19060 Where Does Congress Get the Authority To Overrule a Supreme Court Decision?
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 20054 If you Marry after you Receive your Reserve Component Retirement Notice of Eligibility, you Can Elect to Participate in the RC Survivor Benefit Plan, But you Must Act within One Year after the Marriage.
• No. 20061 Divorce and Division of the Pension
• No. 21028 You Have the Right To Depart your Civilian Job Early, before you Start Active Duty, To Get your Affairs in Order.
• No. 22021 “You Can’t Do That” Stop Signs and Solutions in Military Pension Division Cases
• No. 22022 The Servicemembers Civil Relief Act Right to a Continuance Is Subject to the Equitable Doctrine of “Clean Hands.”
• No. 23002 Should Women Have to Register for the Selective Service? A Discussion on the 50th Anniversary of the End of the Draft
• No. 23019 Military Spouses can Transfer Professional Licenses or Certificates During Military Moves (except lawyers)

5.1 Division of Military Benefits Upon Divorce

• No. 10086 Military Family Law Primer
• No. 11038 Garnishment of Military Pay
• No. 13169 Military Pension Division: The Warrant Officer and the Wingman
• No. 14021 The 20-20-20 Rule and nonregular Service
• No. 15047 A Teaspoon of TSP
• No. 15048 Military Service, Civil Service, Settlement and Sabotage
• No. 15049 Disability and Division of Benefits with Ex-Spouse
• No. 17006 Military Pension Division: The Frozen Benefit Rule
• No. 17008 Am I Stuck with my “Domicile” in Puerto Rico?
• No. 17062 The New Supreme Court Decision on Dividing Military Retired Pay in Divorce
• No. 19058 ROA Member Writes the Definitive Treatise on Military Family Law
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19060 Where does Congress Get the Authority To Overrule a Supreme Court Decision
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 20061 Divorce and Division of the Pension
• No. 22021 “You Can’t DO That” Stop Signs and Solutions in Military Pension Division Cases
• No. 22034 MDRP and CRDP: A Sea Change
• No. 22069 Divorce, Military Pension Division, and the “10/10 Rule”—Questions and Answers
• No. 23003 SILENT PARTNER: A Teaspoon of TSP

5.2 Military Service and Child Matters

• No. 020 Service Academy Appointments for Children of Reserve Component Members
• No. 0635 Child Custody: SCRA can assist deployed servicemembers caught up in child custody cases, but be careful of misusing the law.
• No. 0819  Congress Emphasizes that SCRA Applies to Child Custody Proceedings
• No. 09051 What Happens to the Child When I Mobilized?
• No. 11017 Hawaii Legislature Enacts Legislation Protecting Military Parents in Child Custody Disputes
• No. 11038 Garnishment of Military Pay
• No. 12084 Federal Court Finds DOD to Be “Arbitrary and Capricious” for Denying TRICARE Coverage for Autism Therapy
• No. 12087 Dependents with Disabilities: Adult children can qualify for IDs and Tricare with proper documentation
• No. 13026 Child Custody and Military Service
• No. 13088 Supreme Court Reverses South Carolina Court in Indian Child Welfare Act Case
• No. 13152 The Servicemembers Civil Relief Act Does Not bar all Lawsuits against Active Duty Service Members
• No. 17108 School Principal and School District Violate SCRA in their Treatment of Deployed Service Member regarding School Registration
• No. 09007 You Need a Military Power of Attorney
• No. 19012 Yes, the SCRA Applies to Child Custody Proceedings
• No. 19013 The Court Must Grant a 90-day Continuance to the Absent Service Member Who Applies for a Stay and Meets the Statutory Conditions
• No. 19058 ROA Member Writes the Definitive Treatise on Military Family Law
• No. 21028 You Have the Right to Depart your Civilian Job Early, before you Start Active Duty, to Get your Affairs in Order
• No. 22022 The Servicemembers Civil Relief Act Right to a Continuance is Subject to the Equitable Doctrine of “Clean Hands.”

5.3 Death Gratuity

• No. 182 Forgotten Military Orphans: Legislative Proposals for Congress to Consider
• 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. 0817 Now You Can Designate Beneficiaries for the Death Gratuity
• No. 13053 Do I Receive the $100,000 Death Gratuity if I Die?
• No. 13135 Payment of $100,000 Death Gratuity During the Shutdown

5.4 Survivor Benefit Plan

• No. 0744 How the Death Gratuity Could Be Better Handled for Forgotten Military Orphans: Legislative Proposals for Congress to Consider
• No. 1008 Reserve Component Survivor Benefit Plan for Reservist Who Marries After Notification of Eligibility to Participate
• No. 10069 No Wife, No Kids—Am I Eligible to Elect RC-SBP
• No. 10086 Military Family Law Primer
• No. 10099 Law Review 1008 Reconsidered
• No. 15090 Does my Mother Lose her Military Widow Benefits if she Remarries?
• No. 16068 If I choose the RC-SBP and then Die, When Does My Husband Get the Cash?
• No. 16088 The Notice of Eligibility and the RC Retirement System
• No. 20054 If you Marry after you Receive your Reserve Component Retirement Notice of Eligibility, you Can Elect to Participate in the RC Survivor Benefit Plan, But you Must Act within One Year after the Marriage.
• No. 20061 Divorce and Division of the Pension
• No. 22021 “You Can’t DO That” Stop Signs and Solutions in Military Pension Division Cases
• No. 22062 When you Turn 60 and Start Drawing your Reserve Component Retirement, you Get a New Opportunity To Elect To Participate in the Reserve Component Survivor Benefit Plan.
• No. 22063 If you Marry after Receiving your Notice of Eligibility, after Electing Not To Participate in the RCSBP, you Can Elect RCSBP Coverage.
• No. 22064 You Elected To Participate in the Reserve Component Survivor Benefit Plan Years Ago, and now you Are Getting Divorced. What Now?

5.5 Other Military Service and Family Obligations.

• No. 173 Prearranging Funerals and Excluding Relatives
• No. 0816 Enhanced Leave Entitlement for Gamily Caregivers of Wounded Warriors
• No. 11104 Reserve and National Guard Personnel Who Die During a Drill Weekend
• No. 12053 Military Power of Attorney: A Copy is Not Just as Good as an Original
• No. 12062 What is a “Frontiero Refrigerator?”
• No. 13003 Military Spouse Residency Relief Act—Part 2
• No. 13050 New Law in Maryland Helps with Employment Problem
• No. 13051 New Georgia Law Promotes Veterans Employment
• No. 13059 Military Spouses Need Careers Too
• No. 14041 New Legislation in New Mexico for Service Members
• No. 15051 Delaware Falls Short in Accommodating Deployed Service Members and Military Spouses
• No. 16088 The Notice of Eligibility and the RC Retirement System
• No. 19007 You Need a Military Power of Attorney
• No. 19010 Section 1044b of Title 10 Requires Local Governments To Accept and Act upon Military Powers of Attorney

6.0 Military Service and Tax Laws

• *No. 068 Tax Tips for the Military—2002. REMOVED-OUTDATED
• No. 082 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 REMOVED-OUTDATED
• No. 0806 Taxation of Disability Retirement Payments
• No. 0845 Law Gives Small Businesses Tax Credit on Differential Pay
• No. 10036 Supreme Court Upholds Constitutionality of Special Treatment for Veterans’ Organizations
• No. 10084 Congress Overrides State “Source Tax” Rules
• No. 11024 Federal and State laws may define ‘Veteran Status’ differently REMOVED-OUTDATED
• No. 11029 Tax Records in USERRA Cases: How Both Parties May Obtain Each Other’s Private Financial Records
• No. 12022 Congress Expands Work Opportunity Tax Credit for Hiring Qualified Veterans
• No. 13048 Incentives for Civilian Employers of Reserve Component Members REMOVED-OUTDATED
• No. 13049 New West Virginia Law Creates Tax Break for Some Service Members
• No. 13059 Military Spouses Need Careers Too
• No. 13105 Beware of the Tax Bump
• No. 14025 SCRA Interest Rate Reduction Does Not Mean Taxable Income
• No. 15110 Unconstitutional for Stat to Tax Federal Pensions while Exempting State and Local Pensions
• No. 17008 Am I Stuck with my “Domicile” in Puerto Rico?
• No. 17022 USERRA and the Tax Bump
• No. 17061 Career Service Member Is Eligible To Vote in the Community where she Lived before Enlisting
• No. 17108 School Principal and School District Violate SCRA in their Treatment of Deployed Service Member regarding School Registration
• No. 17124 The SCRA and the Active Duty Service Member—Full-Time National Guard Duty Is Not Active Duty
• No. 18016 Review on Service Member Voting and Domicile
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19068 Fast Approaching Deadline To Apply for Refund
• No. 20011 Congress Tinkers yet again with the SCRA Concerning Domicile of the Spouses of Active Duty Service Members

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.

• No. 003 Military Voting Rights. May 1998
• No. 023 Military Voting Rights. March 2001
• No. 043 Military Voting Rights. May 2002
• No. 044 Military Voting Rights—Continued. May 2002
• No. 049 Voting Rights Letter to State/Local Election Officials. July 2002
• No. 055 Voting in Union Elections While Mobilized. October 2002
• *No. 083 Military Voting Rights. July-August 2003
• No. 096 Election Officials Respond to ROA Survey. November 2003
• No. 097 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. 09050 Military Voting Rights in Virginia
• No. 09050-Update Military Voting Rights in Virginia-Continued
• No. 09055 Congress Enacts Important New Protections for Military and Overseas Voters
• No. 09058 Military Voting—What About State Elections?
• No. 09059 Congress Enacts New Provisions for Military Spouse Voting and Taxation
• No. 10005 Does the New Federal Law on Military Voting Apply to Special Elections?
• No. 10013 Absentee Ballots MUST Be Mailed 45 Days before Election
• No. 10055 DOD Acts on MOVE Act Waiver Requests
• No. 10056 Maryland Will Meet the 45-Day Standard, But Only for Federal Offices
• No. 10064 Suit Filed To Protect Military Voting Rights in Maryland
• No. 10070 DOJ Sues New York To Enfranchise Military Voters
• No. 10071 Maryland Court of Appeals Case on Military Voting
• No. 10072 Military Absentee Voting in Maryland
• No. 10073 A Small Price: Laws on the books protect the few who sacrifice for the many.
• No. 10074 New York, Illinois Fail to Deliver Absentee Ballots
• No. 10091 Safeguarding Military Voting Rights: Progress Made and What Remains To Be Done
• No. 10092 Military Ballots Crucial to Outcome of Texas Cliffhanger
• No. 10093 Great Victory for Military Voting Rights
• No. 11005 Virginia-Please Don’t Disenfranchise Military Personnel in Primaries
• No. 11013 Revised Military Voting in Chicago Mayoral Election
• No. 11021 Proposed Private Right of Action under UOCAVA
• No. 11042 Where Do Military Personnel and Family Members Vote?
• No. 11056 Military Voting in Presidential Caucuses
• No. 11059 Military Voting—Progress in South Carolina
• No. 11077 DOJ Proposes UOCAVA Amendments
• No. 11079 SCRA Only Protects Your Military Income from State Income Tax
• No. 11083 Military Voting in 2011 Elections
• No. 11084 Military Voters Lose Out as States Race to Be First in Presidential Primaries
• No. 11087 DOJ Proposes SCRA Amendments
• No. 11092 Voting Victims: Antiquated Process Can Disenfranchise Service Members
• No. 11093 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. 12002 Vote in 2012
• No. 12003 Don’t Let Redistricting Litigation Disenfranchise Military Voters
• No. 12004 Politicking While on Active Duty? NO
• No. 12005 Military Voting and Redistricting
• No. 12009 Don’t Let Ballot Access Litigation Disenfranchise Military Voters
• No. 12013 Military Voting in Presidential Caucuses- Part II
• No. 12018 Let’s Put Some Teeth into Military Voting Law
• No. 12025 Federal Court Order Protects Military Voting Rights in New York
• No. 12026 Federal Court Orders Alabama to Extend Deadline for Receipt of Absentee Ballots
• No. 12037 Military Voting Rights in Wisconsin
• No. 12041 Redistricting Litigation in Hawaii Threatens to Disenfranchise Military Voters
• No. 12056 Eleven California Counties Are Late in Sending Absentee Ballots for 2012 Primary
• No. 12057 Federal Only or All Office Voting from Overseas?
• No. 12058 Virginia- Don’t Disenfranchise Service Members in the 2013 Gubernatorial Nomination
• No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
• No. 12077 ROA Intervenes in Ohio Lawsuit to Protect Military Voting Rights
• No. 12078 Don’t Make Service Members Wait another 60 Years to Vote!
• No. 12079 Act Now to Vote in 2012No. 1280 Keep on Voting in New Hampshire, not Ohio
• No. 12085 GOP Rules Require that Military Personnel Have a Reasonable Opportunity to Vote in the 2016 Presidential Nomination Process
• No. 12088 More on Ohio Lawsuit regarding Early Voting
• No. 12091 Please Contact your Local Election Official Today!
• No. 12097 Federal Write-in Absentee Ballot
• No. 12098 Now that You Are Retired from the Army, You Must Register To Vote in Virginia
• No. 12101 Ballot Dispute Delays Absentee Ballot Mailing on Long Island
• No. 12111 Don’t Be Fooled by “Duffel Blog” Spoof
• No. 12113 Good News on Military and Overseas Voting from Kane County, Illinois
• No. 12117 Good News on Military and Overseas Voting from Isle of Wight County, Virginia
• No. 13003 Military Spouse Residency Relief Act—Part 2
• No. 13013 Good News on Military Voting in Avon, Connecticut
• No. 13078 Good News on Military Voting in San Bernardino County, California
• No. 13116 Military Voting in 2013
• No. 13120 Can I Keep my Texas Domicile while on a Three-Year AGR Tour in DC?
• No. 13144 The SCRA and USERRA – Protecting the Civil Rights of Service Members in the 21st Century
• No. 13154 Remove the “Race” Question from the FPCA Form
• No. 13155 Where Am I to Vote?
• No. 14006 A New Election Year Has Begun, Submit a New FPCA
• No. 14007 Electronic Voting for Overseas Military Voters
• No. 14023 Military Voting Rights in South Carolina Primary
• No. 15024 Military Voting under UOCAVA
• No. 15076 SCRA Precludes Oregon from Making you Pay State Income Tax in Oregon while you are Serving there in the PHS
• No. 15095 Military Voting in 2016
• No. 15096 Thou Shalt Not Politick while on Active Duty
• No. 15113 The Service Member Has a Constitutional Right to Register and Vote in the Community where He or She Is Stationed
• No. 15114 Voting by Active Duty Service Members and Severely Disabled Veterans in Presidential Caucuses and Conventions in 2016
• No. 15117 Maintain your Texas Domicile until you Retire and Leave Active Duty
• No. 15118 Maintain your Domicile on the Indian Reservation To Avoid State Income Tax while on Active Duty
• No. 16028 Don’t Let Redistricting Litigation Disenfranchise Military Voters
• No. 16045 Service Members Must Be Given the Opportunity To Vote
• No. 16048 Where and How Does the Service Member Vote?
• No. 16076 The SCRA Protects the Active Duty Service Member from Having To Pay State Income Tax, But only under certain Circumstances
• No. 16085 ROA Files Amicus Brief Supporting Military Voting Rights
• No. 16118 The Federal Write-in Absentee Ballot (FWAB)—First you Must Apply for a Regular Absentee Ballot before you Can Submit a Completed FWAB
• No. 17008 Am I Stuck with my “Domicile” in Puerto Rico?
• No. 17012 Time for Act II of the MOVE Act: Five Proposed Overseas and Military Voting Reforms
• No. 17027 Don’t Let USERRA’s Five-Year Limit Bite You
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17034 The SCRA and Vehicle Registration
• No. 17055 Don’t Carp about “Burdens” that Military Personnel Impose on the Rest of us
• No. 17060 Military Absentee Ballots Must Go Out at Least 45 Days Before Election Day
• No. 17061 Career Service Member Is Eligible To Vote in the Community where she Lived before Enlisting
• No. 17080 Military and Overseas Voting in 2017
• No. 17108 School Principal and School District Violate SCRA in their Treatment of Deployed Service Member regarding School Registration
• No. 17124 The SCRA and the Active Duty Service Member—Full-Time National Guard Duty Is Not Active Duty
• No. 18016 Review on Service Member Voting and Domicile
• No. 18020 You Have the Right To Vote by Absentee Ballot in your Home Town while You Are on Active Duty, even if You Don’t Intend To Return when You Leave Active Duty.
• No. 18046 Service Members Deserve the Right To Vote—Please Help them Exercise it
• No. 18057 Military and Overseas Voting in the 2018 Mid-Term Elections
• No. 18092 The Service Member’s Domicile Is the Place where he or she Lived Before Entering or Re-entering Active Duty
• No. 18093 New York Continues To Disenfranchise Military Personnel in Non-Federal Elections
• No. 18094 Absentee Voting Should Be Handled Centrally at the State Level
• No. 18095 Absentee Ballots Must Be Transmitted at Least 45 Days before Election Day
• No. 19014 Small Sacrifices from all Will Make the All-Volunteer Military Work
• No. 19020 SCRA Amended regarding Voting Rights of Military Spouses
• No. 19077 Domicile and Residence for Tax Purposes of the Spouse of the Active Duty Service Member
• No. 19078 You Have only One Domicile—Be Certain and Consistent
• No. 20010 Alabama Disenfranchises Active Duty Service Members in Runoff
• No. 20011 Congress Tinkers yet again with the SCRA Concerning Domicile of the Spouses of Active Duty Service Members
• No. 20027 It Is Unlawful for your Local Election Official To Require you To Print Your Absentee Ballot on Paper that Is Exactly 8.5 Inches by 11 Inches
• No. 20028 Am I Eligible To Vote for all Offices, or Just Federal?
• No. 21020 Military Voting in 2021
• No. 21032 Military Voting in 2021
• No. 21072 Vote in the 2022 Mid-Term Elections
• No. 21073 Domicile Discussion for the Military Legal Assistance Attorney

7.1 Election officials must get the absentee ballots out in time for the service member to vote.

• No. 023 Military Voting Rights
• No. 049 Voting Rights Letter to State/Local Election Officials
• No. 09050 Military Voting Rights in Virginia-Continued
• No. 09055 Congress Enacts Important Protections for Military and Overseas Voters
• No. 09058 Military Voting—What about State Election
• No. 10005 Does the New Federal Law on Military Voting Apply to Special Elections
• No. 10013 Absentee Ballots MUST be Mailed 45 Days before Election
• No. 10055 DOD Acts on MOVE Act Waiver Requests
• No. 10056 Maryland Will Meet the 45-Day Standard, But Only for Federal Offices
• No. 10064 Suit Filed to Protect Military Voting Rights in Maryland
• No. 10070 DOJ Sues New York to Enfranchise Military Voters
• No. 10072 Military Absentee Voting in Maryland
• No. 10073 A Small Price: Laws on the books protect the few who sacrifice for the many
• No. 10074 New York, Illinois Fail to Deliver Absentee Ballots
• No. 10091 Safeguarding Military Voting Rights: Progress Made and What Remains to be Done
• No. 10093 Great Victory for Military Voting Rights
• No. 11013 Military Voting in 2011 Chicago Mayor Election
• No. 11021 Proposed Private Right of Action under UOCAVA
• No. 11059 Military Voting—Progress in South Carolina
• No. 11077 DOJ Proposes UOCAVA Amendments
• No. 11084 Military Voters Lose Out as States Race to be First in Presidential Primaries
• No. 11092 Voting Victims—Antiquated Process Can Disfranchise Service Members
• No. 11093 Military Voting: One Step Forward and Two Steps Back
• No. 11108 Tennessee Secretary of State Goes the Extra Mile for Military Voters
• No. 12002 Vote in 2012
• No. 12003 Don’t Let Redistricting Litigation Disfranchise Military Voters
• No. 12005 Military Voting and Redistricting
• No. 12009 Don’t Let Ballot Access Litigation Disenfranchise Military Voters
• No. 12018 Let’s Put Some Teeth into Military Voting Law
• No. 12025 Federal Court Order Protects Military Voting Rights in New York
• No. 12026 Federal Court Orders Alabama to Extend Deadline for Receipt of Mailed-in Absentee Ballots
• No. 12037 Military Voting Rights in Wisconsin
• No. 12056 Eleven California Counties are Late in Sending Absentee Ballots for 2012 Primary
• No. 12078 Don’t Make Service Members Wait another 60 Years to Vote!
• No. 12079 Act Now to Vote in 2012
• No. 12085 GOP Rules Require that Military Personnel have a Reasonable Opportunity to Vote in the 2016 Presidential Nomination Process
• No. 12091 Please Contact your Local Election Official Today
• No. 12101 Ballot Dispute Delays Absentee Ballot Mailing on Long Island
• No. 12111 Don’t be Fooled by “Duffel Blog” Spoof
• No. 12113 Good News on Military and Overseas Voting from Kane County, Illinois
• No. 12117 Good News on Military and Overseas Voting from Isle of Wright County, Virginia
• No. 13013 Good News on Military Voting in Avon, Connecticut
• No. 13078 Good News on Military Voting in San Bernardino County, California
• No. 14006 A New Election Year has Begun, Submit a New FPCA
• No. 14023 Military Voting in South Carolina Primary
• No. 15024 Military Voting under UOCAVA
• No. 15095 Military Voting in 2016
• No. 16028 Don’t Let Redistricting Litigation Disenfranchise Military Voters
• No. 16045 Service Members Must be Given the Opportunity to Vote
• No. 16085 ROA Files Amicus Brief Supporting Military Voting Rights
• No. 16118 The Federal Write-in Absentee Ballot (FWAB)—First you Must Apply for a Regular Absentee Ballot before you Can Submit a Completed FWAB
• No. 17012 Time for Act II of the MOVE Act. Five Proposed Overseas and Military Voting Reforms
• No. 17060 Military Absentee Ballots Must Go Out at Least 45 Days Before Election Day
• No. 18046 Service Members Deserve the Right to Vote—Please Help them Exercise it.
• No. 18057 Military and Overseas Voting in the 2018 Mid-Term Elections
• No. 18093 New York Continues to Disfranchise Military Personnel in Non-Federal Elections
• No. 18095 Absentee Ballots Must be Transmitted at Least 45 Days before Election Day
• No. 19014 Small Sacrifices from all Will Make the All-Volunteer Military Work
• No. 20039 The COVID-19 Pandemic Must to Disenfranchise Military and Overseas Voters in the 2020 Primaries and General Election
• No. 21072 Vote in the 2022 Mid-Term Elections
• No. 22044 Memorial Day 2022

7.2 Service member or military spouse voting and domicile.

• No. 023 Military Voting Rights
• No. 043 Military Voting Rights
• No. 109 New Developments in Military Voting Right
• No. 144 Where Am I Supposed to Vote?
• No. 204 Domicile of Military Spouses for Voting and Taxation Purposes
• No. 0602 Make Sure Your Vote Is Counted (For UOCAVA Voters)
• No. 0618 Military Spouse Voting in Virginia—Problem Solved
• No. 09059 Congress Enacts New Provision for Military Spouse Voting and Taxation
• No. 10072 Military Absentee Voting in Maryland
• No. 10093 Great Victory for Military Voting Rights
• No. 11042 Where Do Military Personnel and Family Members Vote?
• No. 11079 SCRA Only Protects Your Military Income from State Income Tax
• No. 11087 DOJ Proposes SCRA Amendments
• No. 11107 UOCAVA Protects Voting Rights of Overseas Americans
• No. 11112 Why Can’t the Military Voters All Register to Vote Here on Base?
• No. 12041 Redistricting Litigation in Hawaii Threatens to Disfranchise Military Voters
• No. 12057 Federal Only or All Offices Voting from Overseas?
• No. 12079 Act Now to Vote in 2012
• No. 12098 Now that You are Retired from the Army, You Must Register to Vote in Virginia
• No. 13003 Military Spouse Residency Relief Act—Part 2
• No. 13116 Military Voting in 2013
• No. 13120 Can I Keep my Texas Domicile while on a Three-Year AGR Tour in DC?
• No. 13144 The SCRA and USERRA—Protecting the Civil Rights of Service Members in the 21st Century
• No. 13154 Remove the “Race” Question from the PPCA Form
• No. 13155 Where Am I To Vote?
• No. 14006 A New Election Year has Begun, Submit a New FPCA
• No. 15024 Military Voting under UOCAVA
• No. 15076 SCRA Precludes Oregon from making you Pay State Income Tax in Oregon while you are Serving there in the PHS
• No. 15095 Military Voting in 2016
• No. 15113 The Service Member Has a Constitutional Right to Register and Vote in the Community where He or She Is Stationed
• No. 15117 Maintain your Texas Domicile until you Retire and Leave Active Duty
• No. 15118 Maintain your Domicile on the Indian Reservation To Avoid State Income Tax while on Active Duty
• No. 16048 Where and How Does the Service Member Vote
• No. 16076 The SCRA Protects the Active Duty Service Member from having to Pay Income Tax, but only under Certain Circumstances
• No. 16118 The Federal Write-in Absentee Ballot (FWAB)—First you Must Apply for a Regular Absentee Ballot before you Can Submit a Completed FWAB
• No. 17008 Am I Stuck with my “Domicile” in Puerto Rico?
• No. 17034 The SCRA and Vehicle Registration
• No. 17061 Career Service Member is Eligible to Vote in the Community where she Lived before Enlistment
• No. 17080 Military and Overseas Voting in 2017
• No. 17108 School Principal and School District Violate SCRA in their Treatment of Deployed Service Member regarding School Registration
• No. 17124 The SCRA and the Active Duty Service Member—Full-Time National Guard Duty is Not Active Duty
• No. 18016 Review of Service Member Voting and Domicile
• No. 18020 You Have the Right To Vote by Absentee Ballot in your Home Town while You Are on Active Duty, even if You Don’t Intend To Return when You Leave Active Duty.
• No. 18092 The Service Member’s Domicile Is the Place where he or she Lived Before Entering or Re-Entering Active Duty
• No. 19020 SCRA Amended Regarding Voting Rights of Military Spouses
• No. 19077 Domicile and Residence for Tax Purposes of the Spouse of the Active Duty Service Member
• No. 19078 You Have Only One Domicile—Be Certain and Consistent
• No. 20011 Congress Tinkers yet again with the SCRA Concerning Domicile of the Spouses of Active Duty Service Members
• No. 20028 Am I Eligible to Vote for all Offices, or Just Federal?
• No. 21032 Military Voting in 2021
• No. 21072 Vote in the 2022 Mid-Term Elections
• No. 21073 Domicile Discussion for the Military Legal Assistance Attorney
• No. 22049 Because you Are still on Active Duty, you Are still Domiciled and Entitled To Vote by Absentee Ballot At the Address that you left in 1998.

7.3 Voting in Non-Federal Elections

• No. 055 Voting in Union Elections While Mobilized
• No. 179 Voting in MLRB Elections while Mobilized
• No. 09058 Military Voting—What about State Election
• No. 10093 Great Victory for Military Voting Rights
• No. 11005 Virginia-Please Don’t Disfranchise Military Personnel in Primaries
• No. 11083 Military Voting in 2011 Elections
• No. 11093 Military Voting: One Step Forward and Two Steps Back
• No. 11108 Maryland Court of Appeals Case on Military Voting
• No. 12025 Federal Court Order Protects Military Voting Rights in New York
• No. 12101 Ballot Dispute Delays Absentee Ballot Mailing on Long Island
• No. 17030 Is a National Guard Member on Active Duty Eligible To Vote in an NLRB Union Representation Election at her Civilian Workplace?
• No. 17080 Military and Overseas Voting in 2017
• No. 18093 New York Continues to Disfranchise Military Personnel in Non-Federal Elections

7.4 How a Service Member or Military Spouse Can Vote.

• No. 143 Standby Federal Ballot if You Do Not Receive Your Regular Absentee Ballot
• No. 194 Federal Law Overrides State “Not Earlier Than” Rules
• No. 196 Tennessee Secretary of State Goes the Extra mile for Military Voters
• No. 0601 Vote, and Make Sure Your Vote is Counted
• No. 0602 Make Sure Your Vote Is Counted (For UOCAVA Voters)
• No. 12002 Vote in 2012
• No. 12079 Act Now to Vote in 2012
• No. 12097 Federal Write-In Absentee Ballot
• No. 13116 Military Voting in 2013
• No. 15024 Military Voting under UOCAVA
• No. 15095 Military Voting in 2016
• No. 16048 Where and How Does the Service Member Vote
• No. 16118 The Federal Write-in Absentee Ballot (FWAB)—First you Must Apply for a Regular Absentee Ballot before you Can Submit a Completed FWAB
• No. 20010 Alabama Disenfranchises Active Duty Service Members in Runoff
• No. 22049 Because you Are still on Active Duty, you Are still Domiciled and Entitled To Vote by Absentee Ballot At the Address that you left in 1998.

7.5 Federal Voting Statutes Trump Conflicting State Statute or State Constitution

• No. 193 Tennessee Secretary of State Goes the Extra mile for Military Voters
• No. 194 Federal Law Overrides State “Not Earlier Than” Rules
• No. 195 Congress Provides Standard Federal Oath for Military Voting
• No. 15024 Military Voting under UOCAVA
• No. 20027 Is it Unlawful for your Local Election Official to Require you to Print your Absentee Ballot on Paper that is Exactly 8.5 Inches by 11 Inches?
• No. 22049 Because you Are still on Active Duty, you Are still Domiciled and Entitled To Vote by Absentee Ballot At the Address that you left in 1998.

7.6 Restrictions on Political Activity of Service Members

• No. 12004 Politicking While on Active Duty—No
• No. 12058 Virginia—Don’t Disenfranchise Service Members in the 2013 Gubernatorial Nomination
• No. 15096 Thou Shalt Not Politick while on Active Duty
• No. 23046 The Restrictions of Political Activity-Duty Service Members Are Much More Severe Than Restrictions on Federal Civilian Employees

7.7 Proposed Reforms for Military Voters.

• No.  44 Military Voting Rights—Continued
• No. 109 (expanded) New Developments in Military Voting Rights
• No. 11021 Proposed Private Right of Action under UOCAVA
• No. 12013 Military Voting in Presidential Caucuses—Part 2
• No. 12018 Let’s Put Some Teeth into Military Voting Law
• No. 12058 Virginia—Don’t Disenfranchise Service Members in the 2013 Gubernatorial Nomination
• No. 13154 Remove the “Race” Question from the PPCA Form
• No. 14007 Electronic Voting for Overseas Military Voters
• No. 17012 Time for Act II of the MOVE Act: Five Proposed Overseas and Military Voting Reforms
• No. 18094 Absentee Voting Should be Handled Centrally at the State Level

7.8 Military Voting in Primaries or Caucuses.

• No. 11056 Military Voting in Presidential Caucuses
• No. 12013 Military Voting in Presidential Caucuses—Part 2
• No. 15024 Military Voting under UOCAVA
• No. 15095 Military Voting in 2016

8.0 Veterans’ Preference

• No. 0721 Veterans’ Preferenc Act
• No. 0761 Veterans’ Preference Act requires a federal agency to waive maximum age rule
• No. 0801 Veterans Preference Supreme Court Case
• No. 0850 Veterans’ Preference Act Enforcement
• No. 09021 Federal Circuit Again Reverses the MSPB for Ignoring Rights of Veterans
• No. 09057 Here are the eligibility standards for veterans earning special credits for federal civilian jobs
• No. 09071 Federal Circuit Reverses the MSPB Yet Again – When Will They Ever Learn?
• No. 10001 New Executive Order on Employment of Veterans in the Federal Government
• No. 10037 USERRA and Veterans’ Preference Laws Apply to California Court System
• No. 11003 The MSPB Is Finally Catching On
• No. 11037 Federal Contractor Affirmative Action for Hiring Veterans
• No. 12047 Minnesota Passes Legislation on USERRA
• No. 13047 Other Laws that Give Veterans an Advantage in Employment
• No. 13130 Bill Introduced that Would Expand Veterans’ Preference in Federal Employment to Include Reserve Component Members
• No. 14031 Veterans’ Preference for State Employees in Washington
• No. 14035 Is my Case Governed by VEVRAA or USERRA?
• No. 15085 Purchasing Federal Civilian Retirement Credit for Active Military Service before You Began Your Federal Civilian Career
• No. 15107 Section 4311 of USERRA Protects Veterans as well as Currently Serving Reserve Component Members
• No. 16006 New Appellate Case on Veterans’ Preference
• No. 16024 West Virginia Legislature Enacts Confusing New Law on Veterans’ Preference in Private Sector Employment
• No. 16041 Unconstitutional To Deny Hazlewood Act Educational Benefits to Veterans Based on Residence outside Texas when they Enlisted
• No. 16047 Maryland Law Adds Two Critical Protections For Veterans
• No. 16056 Sam’s Prediction Was Wrong—The 5th Circuit Reversed the Southern District of Texas on the Constitutionality of the Hazlewood Act
• No. 16058 VA Must Comply with Veterans’ Preference in Contracting, Supreme Court Says
• No. 16102 ROA Files an Amicus Curiae Brief in the Federal Circuit
• No. 16107 OSC Takes Action To Enforce Veterans’ Preference
• No. 17007 Hazlewood Act’s Requirement of Texas Residence at Time of Enlistment Is Not Unconstitutional
• No. 17017 Case Study in Proving a Violation of Section 4311 of USERRA
• No. 17117 The Territorial Government of the United States Virgin Islands Does Not Have Sovereign Immunity with respect to USERRA Lawsuits
• No. 17052 The State of Washington Pays out $13 Million for Violating USERRA and Washington’s Veterans’ Preference Law
• No. 18008 What Is the Federal Veterans’ Preference Act?
• No. 18009 VPA Protects Federal Employee from RIF
• No. 18010 Can I Use Veterans’ Preference To Avoid a Layoff in a RIF?
• No. 18082 It Is Possible To Bypass the MSPB itself and Appeal the AJ’s Decision to the Federal Circuit
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19066 You Must Meet USERRA’s Five Conditions for Reemployment to have the Right to an Accommodation for a Service-Connected Disability or The Right to the Special Protection against Discharge
• No. 19082 Special Additional Sick Leave for New Federal Employees who Are Disabled Veterans
• No. 19085 The Vietnam Era Veterans’ Readjustment Assistance Act Does Not Require Employers To Notify Employees about USERRA
• No. 19086 The Federal Reemployment Statute Has Had many Names
• No. 19088 Veterans Preference Under Washington Initiative 1000
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 21021 Veterans’ Preference in the Excepted Service
• No. 21039 Can I Earn the Five-Point Veterans’ Preference by Volunteering for Active Duty?
• No. 21078 In Awarding Contracts for the Procurement of Goods or Services, the United States Department of Veterans Affairs Must Award the Contracts to Small Businesses Owned and Operated by Service-Connected Disabled Veterans under some Circumstances.
• No. 23004 Military Retirees at O-4 and Above are Not Eligible for the 5-Point Preference in Federal Civilian Employment

9.0 Miscellaneous

• No. 014 Effect of Reserve Drill Pay on Unemployment Compensation. July 2000
• *No. 016 Department Involvement in State Issues. September 2000
• *No. 017 Summary of Published Articles. October 2000
• No. 019 Promotion Board Consideration of Reserve Officers on Active Duty. December 2000
• No. 020 Service Academy Appointments for Children of RC Members. December 2000
• No. 037 Elected Officials and Reserve Duty. December 2001.
• No. 090 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. 0638 Interest Rate Reduction to 6 Percent After Mobilization
• 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. 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. 0802 Way Back Pay: Legislation addresses retroactive promotions for World War II Navy and Marine Corps POWs
• No. 0814 Vets May Give a Military Salute Thanks to Benefits-Filled NDAA
• No. 0818 My Professional License Has Expired-Part 2
• No. 10045 National Guard and Reservists Debt Relief Act of 2008
• No. 11004 The Federal Government Is Not Bound by Incorrect Advice
• No. 11038 Garnishment of Military Pay
• No. 11069 You Need To Look Out for Your Own Interests Regarding Your Reserve Retirement
• No. 11090 Veterans Opportunity to Work Act of 2011- part II
• No. 11097 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. 12053 Military Power of Attorney: A Copy is Not Just as Good as an Original
• No. 12065 Are Illegal Immigrants Permitted to Enlist in the Armed Forces?
• No. 12074 No Retirement Points for Midshipman Cruises
• No. 12095 Lawsuits against DOD for Breach of Private Medical Information
• No. 13002 Understanding Citations in Law Reviews
• No. 13008 NDAA 2013 Promotes Fairness for Coast Guard Reserve
• No. 13010 NDAA Provision Protects Conscience Rights of Service Members, Especially Chaplains
• No. 13011 NDAA 2013 Provides for Reserve Component Representation on the Joint Staff
• No. 13012 Enlist in Reserve Component to Repay Student Loans?
• No. 13014 NDAA 2013 Authorizes Transition Assistance Advisors
• No. 13015 NDAA 2013 Extends Duration of Temporary Expansion of Service Member’s Right to Accumulate Military Leave
• No. 13016 NDAA 2013 Provision on State Professional Licensing
• No. 13017 NDAA 2013 Authorizes Suicide Prevention Program for National Guard and Reserve
• No. 13018 NDAA 2013 Authorizes Pilot Program for Mental Health Services for the National Guard and Reserve
• No. 13019 NDAA 2013 Improves Law that Protects Service Members from Predatory Lending Practices
• No. 13020 NDAA 2013 Expands Entitlement to TRICARE Health and Dental Coverage for Reservists not on Active Duty
• No. 13023 Help me regain my Security Clearance
• No. 13024 Am I Eligible for Burial at Arlington or any other National Cemetery?
• No. 13038 The Sequester, Furloughs and Federal Employees
• No. 13040 Dirty and Dangerous Conditions at VA Medical Center in Mississippi
• No. 13046 Wounded Warriors and the Americans with Disabilities Act
• No. 13049 New West Virginia Law Creates Tax Break for Some Service Members
• No. 13055 Celebrate Whistleblowers, Don’t Attack Them
• No. 13060 Proposed Commission on America and its Veterans
• No. 13086 Protecting ROA Access to ROTC Units and Reserve Centers
• No. 13089 ROA Is Authorized To Receive Support For Conferences
• No. 13093 Time off from Civilian Job To See Wife Return from Afghanistan—Good News from Maryland
• No. 13109 Licensing Hurdles for Service Members Unable to Keep Professional Certifications in Good Standing Due to Military Obligations
• No. 13112 Online Sources for Comprehensive Lists of State Benefits for Veterans
• No. 13123 VA Fails to Clean Up Dirty and Dangerous Conditions at Hospital in Jackson, MS
• No. 13128 ROA Access to Reserve Centers and other Military Installations
• No. 13129 Reservists Who Are Attorneys Are Not Precluded from Representing Clients Against Federal Agencies
• No. 13159 CFPB Enforces Rules on Military Payday Loans
• No. 13161 DHS Clarifies Immigration Benefits for Family Members of Select Reserve and Veterans
• No. 13162 Predatory Lending: Service Members Get New Protections from some Loan Practices
• No. 13166 Reserve Component Opportunities for Individuals Leaving Active Duty Short of Retirement Eligibility
• No. 14027 I am a Disabled Veteran and a Federal Employee—Am I Entitled to Leave Without Pay for a Medical Condition that is not Service-Connected?
• No. 14075 Why Does the Service Members Law Center Provide Information to Persons Who Are Not ROA Members?
• No. 15052 Service Members Law Center–Six Years of Accomplishments and Continuing
• No, 15068 ROTC and JROTC—What Is the Difference?
• No. 15119 Check out the Law Review Library
• No. 16057 The Best of the next Generation Says “Here Am I. Send Me.”
• No. 16066 Under What Circumstances Is it Appropriate for a Reserve or Retired Army Soldier To Wear an Army Uniform?
• No. 16071 The Federal Tort Claims Act Precludes a Suit against the Individual Service Member or Federal Employee
• No. 16086 You Must Have at least 20 “Good Years” To Qualify for Reserve Component Retirement at Age 60
• No. 16087 Computing your RC Retirement Benefit
• No. 16088 The Notice of Eligibility and the RC Retirement System
• No. 16089 What Is a “Gray Area Retiree?”
• No. 16090 Under certain Circumstances, RC Members Can Start Receiving RC Retirement Benefits before their 60th Birthdays
• No. 16092 Is it Possible for me to Qualify for a Regular Retirement?
• No. 16098 Congress Enacted an Amendment for Exactly your Situation
• No. 16102 ROA Files an Amicus Curiae Brief in the Federal Circuit
• No. 16104 Keep Participating in the Army National Guard as a Traditional Guard Member after you Start Drawing Active Component Retired Pay, and Convert to a Reserve Component Retirement upon Age 60
• No. 16113 Reflections on 40 Years as a Lawyer
• No. 17001 Use of Rental Vehicle while on Federal Travel—Who Is Liable if I Cause an Accident?
• No. 17016 Proving a Violation of Section 4311 of USERRA: A Case Study
• No. 17026 Please Help Preserve Hazlewood Act Educational Benefits in Texas
• No. 17043 How to Avoid Losing Your Retirement by Going to Work for an Entity of a Foreign Government
• No. 17046 Duty Performed under 10 U.S.C. 12310 Does Not Count in Qualifying a Reserve Component Member To Receive RC Retirement before Age 60
• No. 17063 Obtain a Duplicate DD-214
• No. 17078 Military Retiree Must Wait 180 Days after Retirement To Start DOD Civilian Job
• No. 17094 The Copyright Act Applies to the Federal Government
• No. 17111 Yes, a Reservist Can Be Entitled to Veterans’ Preference
• No. 17123 New Federal Statute Protects Federal Employee Whistleblowers
• No. 18035 More on the “Cooling Off Period” Required of a new Military Retiree Starting a new Civil Service Job for DOD
• No. 18098 Yes, Reservists Can Be Called up for Domestic Emergencies
• No. 19006 It Is Not Illegal for a Reservist who Is a Lawyer To Represent an Individual with a Claim against the Federal Government
• No. 19007 You Need a Military Power of Attorney
• No. 19008 Who Can Act as a Notary within the U.S. Military?
• No. 19009 Who Is Eligible for Military Legal Assistance?
• No. 19061 National Guard Technicians Are Sometimes Treated Unjustly
• No. 19066 You Must Meet USERRA’s Five Conditions for Reemployment to have the Right to an Accommodation for a Service-Connected Disability or The Right to the Special Protection against Discharge
• No. 19096 I Have Been Denied the Right To Telework because of my USAR Service
• No. 20033 A Military Retiree Must Wait at least 180 Days after Retirement To Start a new DOD Civilian Job
• No. 20038 Yes, Coast Guard Reservists Can Be Called to Active Duty Involuntarily for Domestic Emergencies
• No. 20062 The Navy’s Civilian Lawyers
• No. 21001 Your Grandson Must Register for Selective Service
• No. 21022 The Individual Federal Employee or Service Member Is Exempt from Suit if within the Scope of Employment
• No. 21071 Military Naturalization
• No. 22024 How Can I benefit from the Public Service Loan Forgiveness Program?
• No. 22026 Four Distinct Statuses for National Guard Members
• No. 22035 ROA Represents the Interests of its Members and Potential Members By Drafting and Filing an Amicus Brief in the Supreme Court again, but we Cannot Win them All.
• No. 22040 Major Improvements Made to the Law Review Library
• No. 22060 A Federal Court Rules that Military Members are not Necessarily Barred by the Feres Doctrine for Sexual Assault Claims.
• No. 23002 Should Women Have to Register for the Selective Service? A Discussion on the 50th Anniversary of the End of the Draft
• No. 23018 U.S. Department of Veterans Affairs Provides Advance Care Planning Services: Create a Plan Before You Think You Need One
• No. 23027 What Is a Prohibited Personnel Practice (PPP)? My Federal Supervisor Has Willfully Violated USERRA. Is that a PPP?

10.0 Supreme Court Cases

• No. 23020 Don’t Miss the Filing Deadline for Disability Benefits
• No. 23021 The VA Requires you to ASK for Disability Payments to Resume After a Second (or Subsequent) Stint on Active Duty

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. 09003 Eleventh Supreme Court Case Relating to Reemployment Statute Eagar v. Magma Copper Co., 389 U.S. 323 (1967)
• No. 09007 12th Supreme Court Case Relating to Reemployment Statute  Foster v. Dravo Corp., 420 U.S. 92 (1975)
• No. 09015 13th Supreme Court Case Relating to Reemployment Statute  Alabama Power Co. v. Davis, 431 U.S. 581 (1977)
• No. 09019 14th Supreme Court Case Relating to Reemployment Statute  Coffy v. Republic Steel Corp.,447 U.S. 191 (1980)
• No. 09023 15th Supreme Court Case Relating to Reemployment Statute Monroe v. Standard Oil Co. 452 U.S. 549 (1981)
• No. 09029 16th Supreme Court Case Relating to Reemployment Statute King v. St. Vincent’s Hospital, 502 U.S. 215 (1991)
• No. 19064 Supreme Court Case on VA Benefits
• No. 11022 Supreme Court Reverses 7th Circuit in USERRA Case
• No. 21031 Pension Benefits for Employees Working through Hiring Halls whose Civilian Careers Are Interrupted by Military Service
• No. 22014 USERRA’S Escalator Principle Is Great, But There Are Limits
• No. 22043 U.S. Department of Justice Sues the State of Illinois and Obtains an Excellent Settlement the Next Day.
• No. 22072 If You, as an Individual, Are Suing a State Agency for Violating USERRA, You Must File the Suit in State Court. If DOJ Is Suing on Your Behalf, the Case Will Be Filed in Federal Court.
• No. 23013 Enforcing USERRA against a State University or other State Agency
• No. 23023 If I Am away from my Civilian Job for Voluntary or Involuntary Service in the Uniformed Services, Do I Continue Accruing Annual Leave in My Civilian Job?

10.2 Other Supreme Court Cases

• No. 0612 Supreme Court Gets It Right
• No. 0625 Medals-Awards: An Act of Stolen Valor
• No. 0708 Stolen Valor Act Signed into Law
• 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. 09008 The SSCRA Means What It Says, Supreme Court Holds
• No. 09017 Supreme Court Upholds Constitutionality of the SSCRA
• No. 09028 Not So ‘Harmless Error’: Supreme Court decides against veteran in claim process case
• No. 10036 Supreme Court Upholds Constitutionality of Special Treatment for Veterans’ Organizations
• No. 10065 Is the Stolen Valor Act Unconstitutional?
• No. 11004 The Federal Government Is Not Bound by Incorrect Advice
• No. 11035 Military Extraterritorial Jurisdiction Act
• No. 11060 Supreme Court decision draws line between rights and values
• No. 12005 Military Voting and Redistricting
• No. 12062 What is a “Frontiero Refrigerator?”
• No. 12121 Supreme Court Strikes Down Stolen Valor Act
• No. 13026 Child Custody and Military Service
• No. 13039 New Supreme Court Case on Federal Tort Claims Act and Medical Malpractice
• No. 13169 Military Pension Division: The Warrant Officer and the Wingman
• No. 13088 Supreme Court Reverses South Carolina Supreme Court in Indian Child Welfare Act Case
• No. 13140 You’re in the Army now, your First Amendment Rights Are Circumscribed
• No. 13169 Military Pension Division: The Warrant Officer and the Wingman
• No. 15110 Unconstitutional for State to Tax Federal Pensions while Exempting State and Local Pensions
• No. 16058 VA Must Comply with Veterans’ Preference in Contracting, Supreme Court Says
• No. 16070 Feres Doctrine Revisited
• No. 17053 Update on the Supreme Court “Stolen Valor” Decision
• No. 17055 Don’t Carp about “Burdens” that Military Personnel Impose on the Rest of us
• No. 17062 New Supreme Court Decision on Dividing Military Retired Pay in Divorce
• No. 18020 You Have the Right To Vote by Absentee Ballot in your Home Town while You Are on Active Duty, even if You Don’t Intend To Return when You Leave Active Duty.
• No. 18023 Fascinating Lawsuit about the Bladensburg Memorial
• No. 18114 Important Veterans’ Claim Case Is Headed to the Supreme Court
• No. 19010 Section 1044b of Title 10 Requires Local Governments To Accept and Act upon Military Powers of Attorney
• No. 19014 Small Sacrifices from all Will Make the All-Volunteer Military Work
• No. 19065 The Bladensburg Memorial Is Safe because the Supreme Court Reversed the Fourth Circuit.
• No. 22060 A Federal Court Rules that Military Members are not Necessarily Barred by the Feres Doctrine for Sexual Assault Claims.
• No. 22076 Supreme Court Argument on Affirmative Action Could Impact the United States Military
• No. 23002 Should Women Have to Register for the Selective Service? A Discussion on the 50th Anniversary of the End of the Draft

11.0 Veterans’ Claims

• No. 027 The Military Whistleblower Protection Act
• No. 0612 Supreme Court Gets It Right
• No. 0615 Under UCMJ, right to free speech does not mean anything goes
• No. 0803 Servicemembers Precluded from Tort Recovery for Personal Injury or Death Incident to Service
• No. 09028 Not So ‘Harmless Error’: Supreme Court decides against veteran in claim process case
• No. 09038 Due Process Clause Held To Apply to Veteran’s Claim
• No. 10088 Privacy Act Applies to National Guard Even When Not Federalized
• No. 10094 Coverage for National Guard Members on State Duty
• No. 11047 Judicial Remedy for VA Tardiness?
• No. 11047-update: May 2012
• No. 11086 Whistleblower Suit Against Big Banks
• No. 12021 Why Does a Case Take So Long- Part II
• No. 12066 Honoring Whistleblowers
• No. 12095 Lawsuits against DOD for Breach of Private Medical Information
• No. 13123 VA Fails to Clean Up Dirty and Dangerous Conditions at Hospital in Jackson, Mississippi
• No. 13039 New Supreme Court Case on Federal Tort Claims Act and Medical Malpractice
• No. 13040 Dirty and Dangerous Conditions at VA Medical Center in Mississippi
• No. 13053 Do I Receive the $100,000 Death Gratuity if I Die?
• No. 13055 Celebrate Whistleblowers, Don’t Attack Them
• No. 13060 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” Authority
• No. 13063 The Air Force Is Not Going To Court Martial You for Sharing your Faith
• No. 13100 When Challenging Non-Selection for Promotion, You Must First Exhaust your Administrative Remedies
• No. 13129 Reservists Who Are Attorneys Are Not Precluded from Representing Clients Against Federal Agencies
• No. 13132 VA Benefits & National Personnel Records Center Fire
• No. 13134 Returning to Active Duty with VA Disability Rating
• No. 13163 Disability Benefits for Officers of the National Oceanic and Atmospheric Administration (NOAA) and the Public Health Service (PHS)
• No. 14048 Traumatic Service Group Life Insurance: The Basics
• No. 14097 OSC Honors Three VA Whistleblowers with “Public Servant of the Year Award”
• No. 15049 Disability and Division of Benefits with Ex-Spouse
• No. 15079 Unlawful for Federal Agency to Fire Employee for Contacting Congress
• No. 16001 Commission on Care Studies Veterans Health Administration
• No. 16010 Agent Orange VA Claims—Don’t Forget the “Blue Water” Sailors
• No. 16011 Why Do Asbestos Attorneys Advertise in Veterans’ Organization Magazines?
• No. 16017 Agent Orange Exposure among “Blue Water” Sailors—Part 2
• No. 16041 Unconstitutional To Deny Hazlewood Act Educational Benefits to Veterans Based on Residence outside Texas when they Enlisted
• No. 16046 Good News on VA Compensation and Health Care for Vietnam War Navy Veterans Exposed to Agent Orange
• No. 16056 Sam’s Prediction Was Wrong—The 5th Circuit Reversed the Southern District of Texas on the Constitutionality of the Hazlewood Act
• No. 16070 Feres Doctrine Revised
• No. 16108 VA Leaders: Please Take Whistleblowers Seriously. Please Act Promptly To Address the Problems they Bring to Light. Do not Retaliate against Whistleblowers.
• No. 16109 OSC Takes Action To Protect VA Whistleblower
• No. 17005 Don’t Forget the Agent Orange Sailors in the 115th Congress
• No. 17007 Hazlewood Act’s Requirement of Texas Residence at Time of Enlistment Is Not Unconstitutional
• No. 17063 Obtain a Duplicate DD-214
• No. 17065 Good News for VA Whistleblowers
• No. 17091 Recent Second Circuit Case about a Rape at West Point
• No. 18075 New VA Secretary Needs To Crack down on Supervisors who Reprise against Whistleblowers
• No. 18114 Important Veterans’ Claim Case Is Headed to the Supreme Court
• No. 19017 Service Member Hearing Loss May Be Caused by Defective Earplugs
• No. 19023 Blue Water Sailors Who Were Exposed to Agent Orange during the Vietnam War and later Suffered from Designated Diseases Are now Likely To Receive VA Compensation
• No. 19050 Blue Water Sailors Who Were Exposed to Agent Orange during the Vietnam War and later Suffered from Designated Diseases Must Now Receive VA Compensation
• No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
• No. 19064 Supreme Court Case on VA Benefits
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?
• No. 20062 NOAA and PHS Veterans Are Entitled to Benefits Administered by the Department of Veterans Affairs (VA)
• No. 21003 NOAA and PHS Veterans Are Entitled to Benefits Administered by the Department of Veterans Affairs (VA)
• No. 21061 The VA Will Begin Processing Disability Claims for Post-9/11 Burn Pit Vets
• No. 21062 Veterans Entitled to GI Bill Education Benefits for Each Qualifying Period of Military Service
• No. 22025 Congress has Taken Action to Ensure Post-9/11 Burn Pit Veterans Receive Disability Claims
• No. 22058 The PACT Act Provides VA Disability Benefits to Burn Pit Victims with Certain Illnesses by Establishing Conditions for Presumptive Exposure
• No. 22059 Veterans Can Make Claims against Asbestos Trusts, Independently of Disability Claims to the Department of Veterans Affairs.
• No. 22060 A Federal Court Rules that Military Members are not Necessarily Barred by the Feres Doctrine for Sexual Assault Claims.
• No. 22075 Navigating a Camp Lejeune Legal Claim
• No. 23020 Don’t Miss the Filing Deadline for Disability Benefits
• No. 23021 The VA Requires you to ASK for Disability Payments to Resume After a Second (or Subsequent) Stint on Active Duty

12.0 Military Criminal Justice

• No. 11035 Military Extraterritorial Jurisdiction Act
• No. 13063 The Air Force Is Not Going To Court Martial You for Sharing your Faith
• No. 13086 Protecting ROA Access to ROTC Units and Reserve Centers
• No. 13101 Judge Advocate General of the Navy Has Authority To Enforce Professional Responsibility Rules on Civilian Lawyers Practicing in Navy Courts Martial
• No. 13140 You’re in the Army now, your First Amendment Rights Are Circumscribed
• No. 13164 When Does the UCMJ Apply to Reservists?
• No. 13165 What Happens if I Fail to Report for Duty?
• No. 14024 The Military Extraterritorial Jurisdiction Act and the Uniformed Services Employment and Reemployment Rights Act
• No. 20048 Do NOAA Corps Officers and PHS Corps Officers Have Rights as Service Members and Veterans?

13.0 Blowing the whistle on fraud, waste, and abuse

• No. 027  The Military Whistleblower Protection Act (July 2001)
• No. 11086 Whistleblower Suit Against Big Banks
• No. 12066 Honoring Whistleblowers
• No. 13040 Dirty and Dangerous Conditions at VA Medical Center in Mississippi
• No. 13055 Celebrate Whistleblowers, Don’t Attack Them
• No. 13123 VA Fails to Clean Up Dirty and Dangerous Conditions at Hospital in Jackson, MS
• No. 14097 OSC Honors Three VA Whistleblowers with “Public Servant of the Year Award”
• No. 16108 VA Leaders: Please Take Whistleblowers Seriously.
• No. 16109 OSC Takes Action To Protect VA Whistleblower
• No. 17065 Good News for VA Whistleblowers
• No. 18075 New VA Secretary Needs To Crack down on Supervisors who Reprise against Whistleblowers
• No. 22050 What Is the Medical Care Recovery Act?
• No. 22051 Sometimes Whistleblowers Get Paid: A Go-To Guide to the False Claims Act

14.0 Tort claims involving service members and military families

• No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions
• No. 16010 Agent Orange VA Claims—Don’t Forget the “Blue Water” Sailors
• No. 16070 Feres Doctrine Revisited
• No. 16071 The Federal Tort Claims Act Precludes a Suit against the Individual Service Member or Federal Employee
• No. 17001 Use of Rental Vehicle while on Federal Travel—Who Is Liable if I Cause an Accident?
• No. 19017 Service Member Hearing Loss May Be Caused by Defective Earplugs
• No. 19023 Blue Water Sailors Who Were Exposed to Agent Orange during the Vietnam War and later Suffered from Designated Diseases Are now Likely To Receive VA Compensation
• No. 20018 Has Congress Repealed the Feres Doctrine?
• No. 21022 The Individual Federal Employee or Service Member Is Exempt from Suit if within the Scope of Employment
• No. 22009 Professional Malpractice Liability Insurance Coverage for Recalled Reservists in the Health Care and Legal Professions
• No. 22075 Navigating a Camp Lejeune Legal Claim