New Jersey Military Service (USERRA): What you need to know

The New Jersey Law Against Discrimination prohibits employment practices that discriminate against an individual because of “liability for service in the Armed Forces of the United States.” The Law defines a person with a “liability for service” as being an individual who may be called to active duty because he or she either:
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• Is a member of the National Guard, naval militia, or the armed forces reserves; or
• Is subject to a national selective service system.
The Law covers all employers, regardless of size (NJ Rev. Stat. Sec. 10:5-5et seq.).
Exception. The state Law Against Discrimination provides that an employer may refuse to hire an applicant who has received a notice of induction or orders to report for active duty in the armed forces (NJ Rev. Stat. Sec. 10:5-12).
Additionally, employers who deprive members of the organized militia of their employment because of that membership are guilty of a misdemeanor (NJ Rev. Stat. Sec. 38A:14-4).
Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of the men and women who serve in the armed forces (38 USC 4301et seq.). New Jersey has enacted such a law.
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. That is, if New Jersey law is less protective than USERRA, then the rights given by USERRA will apply and not the less protective New Jersey law. Additionally, if New Jersey law is more protective than USERRA, the New Jersey law will apply.
Active duty. Any nontemporary ...

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New Jersey Military Service (USERRA) Resources

Military Service (USERRA) Products

Military Leave Webinar Recording
BLR Webinar: "Military Leave: Front-Line Strategies for Complying with New Developments Under USERRA and FMLA""
Military Leave Webinar Recording
BLR Webinar: "Military Leave: Front-Line Strategies for Complying with New Developments Under USERRA and FMLA""
USERRA Compliance Explained Webinar Recording
BLR Webinar: "USERRA Compliance Explained: How to Avoid a Battle When Service Members Return for Reemployment""
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