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Military Service: What you need to know

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 prohibits an employer from denying any initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual on the basis of his or her membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. The law also prohibits an employer from retaliating against an individual by taking any adverse employment action against him or her because the individual has exercised his or her USERRA rights, testified in connection with a proceeding under USERRA, or assisted in a USERRA investigation. The law covers all public and private employers (38 USC 3801et seq.).
The Veterans Opportunity to Work to Hire Heroes Act of 2011 (the VOW to Hire Heroes Act) amended USERRA to recognize claims of a hostile work environment based on an individual’s military status. Before the VOW to Hire Heroes Act took effect, courts generally did not allow individuals to sue for a hostile work environment under USERRA. USERRA, as amended, prohibits discrimination based on military status with respect to the “terms, conditions, or privileges of employment,” the same standard governing a hostile work environment under Title VII and other employment discrimination laws.
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USERRA requires that upon returning from service, members of the armed services and its reserve components must be reinstated to their private civil jobs without loss of seniority or benefits and without any break in service for pension purposes (38 USC 4301 et seq.). An employer may provide greater rights and benefits than USERRA requires, but no employer can refuse to ...

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    Claim Your Free Copy of Top 100 FLSA Overtime Q&As

    We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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    This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

    At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
    • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
    • Salary Level: Qualifying for exemptions and nonexempt employees
    • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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