Employer Obligations Under USERRA

As thousands of military reservists are called to active duty, they are leaving civilian jobs for months and sometimes years. When employee-reservists are called, employers must ensure that business continues uninterrupted. When they return, employers must then cope with how to accommodate workers whose responsibilities may have been reassigned.

Sometimes this all goes smoothly, many times it does not. According to recent data, one in 70 reservists have filed complaints against employers regarding return-to-work issues.

To provide guidance to employees and ease the anxieties of military reservists, Congress passed the Uniformed Services Employment and Reemployment Rights Act (USERRA) in 1994. Most recently, the US DOL issued final regulations fully implementing USERRA on January 18, 2006.

Listen and participate as our authoritative panelists examine how the law impacts employers, key compliance concerns for employers, and how attorneys can counsel employers on coping with USERRA obligations.

David C. Henderson, Partner, Nutter McClennen & Fish, Boston, focuses on civil litigation and corporate general counsel advice with a particular focus on employment and labor, among other business matters. Prior to joining Nutter, David was on active duty in the U.S. Air Force as a pilot, instructor pilot, and judge advocate.

Shawn Kee, Partner, Jackson Lewis, Stamford, is an employment lawyer who serves as Co-Chair of the firm's Trade Secret Practice Group and a member of the firm’s International Employment Issues Practice Group. He assists clients nationally on compliance with USERRA and handles USERRA litigation. Mr. Kee recently returned from a one year tour in Iraq as an Army Reservist. He previously served for 8 years as an Army Judge Advocate in Korea, Germany, Israel, and with the Army's Litigation Division.

Dean L. Silverberg, Member, Epstein Becker & Green, New York, practices both public and private-sector labor and employment law, and is actively involved in employment and workplace tort litigation, labor arbitration, and human resource consultation and management. He recently co-authored the Employer’s Guide to Military Leave Compliance, published by Thompson Publishing Group.

The panelists will address these and other key topics:

• Which employers and employees are subject to USERRA compliance – and under what circumstances?
• What are an employer’s obligations to covered workers under USERRA?
• What are the best practices for employers in complying with the law when anemployee is called to active duty – and when the employee returns from service?

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