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August 24, 2010
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Labor Law News

 

Labor Department Issues First-Ever Regulations Protecting The Reemployment Rights Of America’s Soldiers

WASHINGTON—The U.S. Department of Labor announced regulations, to be published Monday, Dec. 19 in the Federal Register, interpreting the law that protects employment and reemployment rights and benefits of service members upon their return to civilian life. This is the first time since its passage in 1994 that the Department of Labor has developed regulations to explain and clarify the Uniformed Services Employment and Reemployment Act (USERRA). The department’s action is the latest in a series of proactive steps taken to ensure job security for the largest group of mobilized National Guard and Reserve service members since World War II. USERRA prohibits discrimination against past and present members of the uniformed services and establishes reemployment rights for service members who want to return to the jobs they held prior to service.

“Our citizen soldiers put themselves in harm’s way to defend our freedoms, and now it’s our turn to be there for them,” said Secretary of Labor Elaine L. Chao. “These regulations provide comprehensive guidance on USERRA, which works to preserve the seniority, promotion, health care, pension and other benefits of our citizen soldiers when they return home to the jobs they left to serve our country.” Since Sept. 11, 2001, almost 530,000 citizen soldiers have been mobilized, and more than 390,000 of these National Guard and Reserve members have been demobilized.

The new regulations, drafted in an easy-to-read, question-and-answer format, explain how USERRA protects against discrimination and retaliation because of military service; prevents service members from suffering disadvantages due to performance of their military obligations, and affords them ample time to report back to jobs following completion of their service obligations. The department is also announcing publication of the final version of the notice it provides employers for use in informing employees of their rights, benefits and obligations under USERRA. The notice, downloadable posters containing the notice, and the new regulations can be accessed at www.dol.gov/vets.

 

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News about Labor Law cases in Kansas and nationwide:

U.S. Labor Department Settles With Accounting Firm
The U.S. Department of Labor has obtained a consent judgment and order requiring the firm of Ahlstrom & Baker CPAs in Los Alamitos, California,...
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Job Bias Charges Edged Up In 2006, EEOC Reports
The U.S. Equal Employment Opportunity Commission (EEOC) last year received a total of 75,768 discrimination charges against private sector employer...
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Unemployment Insurance Advisory Council
EAU CLAIRE – The public is invited to comment on and to suggest improvements to Wisconsin’s Unemployment Insurance (UI) program at a public hearing...
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Labor Law Terms

 


Today's Terms

Uniformity of the rule's application

Definition:
It is unlawful to apply rules to singled-out individuals only. Inconsistencies in rule applications violate the Just-Cause context of employer and employee.

NLRA

Definition:
Also referred to as Wagner Act, this was the first substantial effort by the federal government to reshape the balance of power between labor and management in the U.S.

New York Stock Exchange

Definition:
The world's largest exchange for trading stocks and bonds.

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Labor Law Hot Topics

 


Topics Related to Labor Law:

  • Collective Bargaining
  • Discrimination law
  • Employment Agreements
  • Employment Litigation
  • Fair Labor Standards Act
  • Labor relations
  • Mediation
  • Occupational safety & health
  • OFCCP
  • Strike Support
  • Wrongful Discharge

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