Tag Archive | USERRA

USERRA Protections

userraWith the recent observance of Memorial Day and the anniversary of D-Day, it is a good time to remember that federal and state law establish protections for current military personnel.  The Uniformed Services Employment and Reemployment Act (USERRA) provides rights for employees of private employers who serve in the Armed Forces, Reserves, National Guard or other “uniformed services.”  USERRA prohibits private employers from discriminating or retaliating against employees based on their service and offers benefits, reemployment rights, and some protection from termination after military leave.

Tennessee also has a military leave statute that offers protections to employees.  The state law protects private employees who serve in the state militia, the reserve component of the U. S. armed forces or the Tennessee National Guard, or who attend military schools for a limited period.

Also, don’t forget that employers must display USERRA rights posters in the workplace.  And there are FMLA regulations that attach to military personnel and family caregivers of military personnel.

For more information on USERRA, you can visit the website of the U. S. Office of Special Counsel here:  http://www.osc.gov/userra.htm.

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Applicability of Employment Laws by Number of Employees

How many employees must an employer have for a particular law to apply?

100     Worker Adjustment and Retraining Notification Act (WARN Act)

50       Family & Medical Leave Act (FMLA)

20       Age Discrimination in Employment Act (ADEA)

15       Americans with Disabilities Act (ADA)

15      Genetic Information Nondiscrimination Act (GINA)

15      Title VII

1        Unemployment Compensation Law

1        Fair Labor Standards Act (FLSA)

1        Uniformed Services Employment and Reemployment Rights Act (USERRA)

There are several other state laws as well, including:  5 Tennessee Workers’ Compensation (1 for construction/coal mining), 8 Tennessee Human Rights Act, and 100 Tennessee Maternity Leave Act.