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2016 Law Reviews
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No. 16127 It Is Unlawful for an Employer To Delay Reemployment by Demanding Documentation that Is Not Readily Available.
No. 16126 Great New Third Circuit USERRA Precedent
No. 16125 Under USERRA, you Have the Right To Take “Paid Time Off” for Military Duty
No. 16124 Bad News from Virginia on Enforcing USERRA against State Agencies as Employers
No. 16123 In a USERRA Case, the Veteran Plaintiff Cannot Be Required To Pay the Defendant’s Court Costs
No. 16122 My Employer Fired me when I Was on the way out the Door
No. 16121 When I Return to Work after Military Service, How Much Will I Have To Pay To Reinstate my FERS Retirement Account?
No. 16120 Amendments Proposed To Improve USERRA Enforcement
No. 16119 Differential Pay for Federal Employees Who Were Recalled to Active Duty To Respond to the Deepwater Horizon Disaster
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. 16117 Reservists Called to Active Duty under 10 U.S.C. 12304b Are Not Eligible for Differential Pay as Federal Civilian Employees
No. 16116 New Federal Employee Should Make Deposit for Previous Active Duty
No. 16115 DOJ Announces New Effort To Enforce USERRA and SCRA
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. 16113 Reflections on 40 Years as a Lawyer
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. 16111 USERRA Applies to Individuals Performing Regular Military Service, as well as those who Serve in the Guard or Reserve
No. 16110 Ninth Circuit Holds that USERRA Does Not Preclude Forced Arbitration
No. 16109 OSC Takes Action To Protect VA Whistleblower
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. 16107 OSC Takes Action To Enforce Veterans’ Preference
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. 16105 The Posse Comitatus Act and the Activated Reservist
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. 16103 Update on Protecting the Civilian Jobs of National Guard Members on State Active Duty
No. 16102 ROA Files an Amicus Curiae Brief in the Federal Circuit
No. 16101 USERRA in the Virginia Supreme Court
No. 16100 Don’t Do Military Duty on a Sick Leave Day
No. 16099 The Client Is Responsible for Court Costs as Incurred
No. 16098 Congress Enacted an Amendment for Exactly your Situation
No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
No. 16096 USERRA Overrides the Collective Bargaining Agreement
No. 16095 USERRA, the SCRA, and Statutes of Limitation
No. 16094 New USERRA Lawsuit Filed against UAL over Pension Contributions, Sick Time Accrual, and Vacation Accrual
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. 16092 Is it Possible for me to Qualify for a Regular Retirement?
No. 16091 Section 12736 Overrides State “No Double Dipping” Laws
No. 16090 Under certain Circumstances, RC Members Can Start Receiving RC Retirement Benefits before their 60th Birthdays
No. 16089 What Is a “Gray Area Retiree?”
No. 16088 The Notice of Eligibility and the RC Retirement System
No. 16087 Computing your RC Retirement Benefit
No. 16086 You Must Have at least 20 “Good Years” To Qualify for Reserve Component Retirement at Age 60
No. 16085 ROA Files Amicus Brief Supporting Military Voting Rights
No. 16084 Paid and Unpaid Military Leave for Reserve Component Members in Vermont
No. 16083 Yes you Can Register To Vote where you Are Stationed, But you May not Want To
No. 16082 Vote in 2016, and Apply for your Ballot Today
No. 16081 Rhode Island Supreme Court Decision on USERRA
No. 16080 Referring a USERRA Case from DOL to DOJ
No. 16079 DOJ Sues UAL for Violating USERRA’s “Furlough or Leave of Absence” Clause
No. 16078 USERRA, the Escalator Principle, and the Lack of a Present Vacancy at the Appropriate Level
No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
No. 16076 The SCRA Protects the Active Duty Service Member from Having To Pay State Income Tax, But only under certain Circumstances
No. 16075 Who Decides that a Period of Service Is Exempt from USERRA’s Five-Year Limit?
No. 16074 A New Case on USERRA and Forced Arbitration
No. 16073 Don’t Tell your Civilian Employer that you Are Trying to Enlist
No. 16072 USERRA and the Career Intermission Program
No. 16071 The Federal Tort Claims Act Precludes a Suit against the Individual Service Member or Federal Employee
No. 16070 Feres Doctrine Revisited
No. 16069 USERRA Applies all over the World to American Corporations and Institutions
No. 16068 ROA and other Military Associations Step in To Defend VACAA
No. 16067 USERRA’s Five-Year Limit Applies to the Employer Relationship
No. 16066 Under What Circumstances Is it Appropriate for a Reserve or Retired Army Soldier To Wear an Army Uniform?
No. 16065 Right to Paid Military Leave Is a Matter of State Law, not USERRA
No. 16064 The Air Force Must Comply with USERRA
No. 16063 USERRA Rights of the Wounded Warrior
No. 16062 Waiver Provisions in the SCRA and USERRA
No. 16061 Reinstatement Rights as a Title 32 AGR after Title 10 Statutory Tour
No. 16060 FedEx Violated USERRA in the Computation of a Bonus
No. 16059 Discrimination, Harassment, Spoliation, and USERRA
No. 16058 VA Must Comply with Veterans’ Preference in Contracting, Supreme Court Says
No. 16057 The Best of the next Generation Says “Here Am I. Send Me.”
No. 16056 Sam’s Prediction Was Wrong—The 5th Circuit Reversed the Southern District of Texas on the Constitutionality of the Hazlewood Act
No. 16055 Department of the Army Flouts USERRA
No. 16054 Retroactive Pay Increase and Section 4318 of USERRA
No. 16053 Airline Must Comply with USERRA regarding Pensions
No. 16052 New Attempt to Preclude Forced Arbitration in USERRA Cases
No. 16051 Wounded Warriors Federal Leave Act of 2015
No. 16050 DOJ Wins USERRA Case
No. 16049 The Right to 15 Days of Paid Military Leave Applies to Federal Employees, Not Employees of Federal Contractors
No. 16048 Where and How Does the Service Member Vote?
No. 16047 Maryland Law Adds Two Critical Protections For Veterans
No. 16046 Good News on VA Compensation and Health Care for Vietnam War Navy Veterans Exposed to Agent Orange
No. 16045 Service Members Must Be Given the Opportunity To Vote
No. 16044 The Definitive Reference Book on USERRA
No. 16043 You Must Keep Track of your own Five Year Limit
No. 16042 Illinois Law Protects Post-Secondary Students Called to the Colors
No. 16041 Unconstitutional To Deny Hazlewood Act Educational Benefits to Veterans Based on Residence outside Texas when they Enlisted
No. 16040 Buying Federal Civil Service Retirement Credit for Years Spent at a Service Academy, Even if you are a Military Retiree
No. 16039 Opportunity To Telecommute Is a Benefit of Employment Protected by USERRA
No. 16038 Pension Rights in a Defined Contribution Plan
No. 16037 Affirmative Defenses under USERRA
No. 16036 It Is Illegal for the Air Force To Discriminate against an Air Force Reservist in Hiring for a Civilian Position
No. 16035 USERRA Applies to Local Government
No. 16034 Enforcing USERRA against State Government Employers—Good News from New Mexico
No. 16033 Don't Let the AFGE Override the USERRA Rights of PHS Officers Assigned to BOP
No. 16032 April 2016 Important New USERRA Pension Case
No. 16031 Sergeant Kelly Hance’s USERRA Saga Continues
No. 16030 USERRA and Defined Contribution Pension Plans
No. 16029 Dot the Is and Cross the Ts To Obtain Reemployment
No. 16028 Don’t Let Redistricting Litigation Disenfranchise Military Voters
No. 16027 The Employer Has No Right To Demand Documentation for Short Periods of Military Training or Service
No. 16026 What Is Reasonable Certainty?
No. 16025 Airline Employer Must Make Contributions to your Airline Pension Account when you Return from Military Service
No. 16024 West Virginia Legislature Enacts Confusing New Law on Veterans’ Preference in Private Sector Employment
No. 16023 What Is Status?
No. 16022 What Is Seniority?
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. 16020 USERRA Applies to Paid Internships
No. 16019 Does Army National Guard Recruit Have Right to Get out of Apartment Lease?
No. 16018 Favorable Appellate Decision on Section 4311 of USERRA
No. 16017 Agent Orange Exposure among “Blue Water” Sailors—Part 2
No. 16016 USERRA Gives you the Right to Time off from your Civilian Job for Service in the Uniformed Services
No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
No. 16014 Another Recent Federal Sector USERRA Victory
No. 16013 Recent Favorable Federal Circuit USERRA Decision
No. 16012 Enforcing USERRA against a Federal Agency
No. 16011 Why Do Asbestos Attorneys Advertise in Veterans’ Organization Magazines?
No. 16010 Agent Orange VA Claims—Don’t Forget the “Blue Water” Sailors
No. 16009 USERRA Rights of Wounded National Guard Technician
No. 16008 Bello v. Village of Skokie—Continued
No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
No. 16006 New Appellate Case on Veterans’ Preference
No. 16005 Don’t Burn the Bridge back to your Pre-Service Job
No. 16004 Keep your Civilian Job Separate from your Reserve Component Assignment and Vice Versa
No. 16003 Section 4311 of USERRA Protects HR Professionals who Oppose USERRA Violations
No. 16002 Interesting USERRA Discrimination Case
No. 16001 Commission on Care Studies Veterans Health Administration

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