Employees and the Military

The Uniform Services Employment and Reemployment Rights Act (“USERRA”) requires that a USERRA leave be given the “most favorable treatment” to any “comparable leave” provided by the employer.  20 C.F.R. § 1002.150.  Since most USERRA leaves are unpaid, this “most favorable treatment” requirement raises questions when an employer offers different types of paid leave. 

A newly enacted Minnesota statute provides that a “private nonpublic employer” may grant a preference to veterans in hiring and promotion.  See S.F. No. 1599.  A preference may also be granted to the spouses of certain disabled veterans or the surviving spouse of a deceased veteran.  The term “veteran” under the statute includes those

Under Minnesota law, any employer with one or more employees must grant an unpaid leave of absence for an employee to attend military ceremonies if the employee’s immediate family member has been ordered into active service in support of a war or other national emergency as a member of the United States armed forces.  The

Merriam-Webster’s Dictionary defines “cat’s paw” as “one used by another as a tool.”  In the legal sense, “cat’s paw liability” refers to the situation in which an employer is held liable for discrimination when it relies on a supervisor’s biased report and takes an adverse employment action against an employee.
The United States Supreme court