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50 Years of ERISA Preemption: Where Do We Stand? [CC]
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal statute granting rights to employees regarding leaves of absence from employment to serve in the U.S. Armed Forces.
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This treatise provides a history of USERRA and its predecessors. It discusses which employers and employees are covered by USERRA. It outlines entitlements employees have to take to leave under USERRA. The requirements placed on both employers and employees regarding leave requests are discussed in detail. The treatise analyzes the issues of scheduling leaves and the notice requirements USERRA imposes. It also discussed the issue of the pay and benefits to which an employee is entitled to when taking a leave of absence under USERRA. Although leave under USERRA is unpaid, circumstances exist under which persons taking leave under USERRA are entitled to paid leave. This act analyzes the issue of reinstatement following an employee's release from military service. The obligations of employees and employers with respect to reinstatement are discussed along with the position to which a returning employee is to be returned under various circumstances. It also reviews the issue of healthcare and non-healthcare benefits to which an employee properly requesting and returning from the military leave is entitled to receive. It also discusses the discrimination, harrassment and retaliation protections USERRA provides to employees. A full understanding of these protections is critical to fully understand an employee's rights under USERRA. Finally it reviews the remedies provided under USERRA and enforcement mechanisms USERRA provides to enforce these rights. They have included an update provided by the U.S. Department of Labor regarding the impact of COVID-19 on USERRA obligations.
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E-Book
7/1/2024 12:00:00 AM
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50 Years of ERISA Preemption: Where Do We Stand? [CC]
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