New York Military Service (USERRA) laws & HR compliance analysis

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

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 4301 et seq.).
New York has enacted such a law.
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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 York law is less protective than USERRA, the rights given by USERRA will apply and not the less protective New York law. In addition, if New York law is more protective than USERRA, the New York law will apply.
Employers are prohibited from discriminating against individuals because of their military obligations (NY Mil. Law Ch. 36 Sec. 242, Sec. 251, Sec. 317, Sec. 318).
In addition to protections under state law, effective November 19, 2017, the New York City Human Rights Law also provides veterans and active military personnel protection against discrimination in employment.
Employers, employment agencies, and labor organizations are prohibited from discriminating against any person on the basis of his or her current or past uniformed service by:
• Representing that employment or a position is not available when it is, in fact, available;
• Refusing to hire or employe or barring or discharging such person from employment or labor organization membership; or
• Discriminating against such person in compensation or in the terms, conditions, or privileges of employment.
(NYC Admin. Code Sec. 8-107).
Leave. Permanent employees must be given time off for military training or ...

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