Siemens Corporation was selected to receive the 2012 Secretary of Defense Employer Support Freedom Award. The company was nominated by an Army Reservist with Siemens Healthcare Diagnostics of Glasgow, Delaware. Only 15 employers nationwide will be honored with the award, the DoD’s highest recognition given to employers for exceptional support of Guard and Reserve employees. The company was selected from more than 3,000 nominees. Continue reading
At our Annual Employment Law Seminar, U.S. Department of Labor Chief of Investigators Kenan Torrans gave an informative presentation on the requirements of the Uniformed Services Employment and Reinstatement Rights Act (USERRA). At the end of the presentation, I jumped in with my two cents and explained that I’d invited Kenan to speak because I think that USERRA compliance will be one of the biggest issues facing employers in the next several years. Continue reading
Memorial Day is more than a day off of work. The holiday is a time to remember those who have died in service to the country. One way we pay tribute to the men and women who died in military service is by observing a minute of silence at 3 pm today. Continue reading
Employer’s lawyers have seen an increasing number of questions regarding the obligations relating to employees and applicants returning from military service. There are two important laws that may apply to such individuals–the ADA and USERRA. Although the ADA has been on employer’s radar for years, most are less familiar with USERRA. Now is the time, though, to become familiar. The law imposes many obligations on employers and many of those obligations are different than other employment-discrimination laws. Continue reading
The U.S. Supreme Court will hear oral arguments on several important employment-law cases this term. Last week, we posted about the upcoming argument in Kasten v. Saint-Gobain Performance Plastics Corp., in which the Court will address the requirements for an employee who claims retaliation based on the FLSA. Continue reading
The National Defense Authorization Act (NDAA), amended the Family Medical Leave Act (FMLA) on January 1, 2008. The NDAA is one of several laws that obligate employers to provide special protections to employees who are members of the Armed Forces. The Uniformed Services Employment and Reemployment Rights Act (USERRA), is another such law offering similar, but not identical protections to employees who serve in the uniformed services. Continue reading
The latest headlines of the local newspaper, the News Journal underscore what is becoming the latest trend in employment lawsuits: military service discrimination.
On Wednesday, March 26, an Army lieutenant colonel serving in in Baghdad filed a federal lawsuit alleging he was fired from the Delaware State Police in violation of state and federal laws that protect military reservists from discrimination and retaliation because of their military service. Continue reading