USERRA Military Leave: Employer Compliance Challenges, Policy Development, Litigation Update, Defense Strategies
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide an in-depth look at the Uniform Services Employment and Reemployment Rights Act (USERRA) and its expansive employer obligations. The panel will discuss how USERRA differs from other employment anti-discrimination statutes in significant ways and the challenges this creates for employers. The panel will also offer best practices for compliance and litigation strategies when faced with a claim.
Outline
- Introduction: USERRA overview
- Covered entities
- Eligible employees
- Employer obligations
- USERRA protections compared to other employment anti-discrimination laws
- Title VII
- FMLA
- ADA
- Employer compliance challenges, common mistakes, penalties
- Policy development and risk mitigation
- Litigation strategies, employer defenses
- Porter v. Trans State Holdings Inc. (D. Colo. 2024)
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- In what ways is USERRA more far-reaching than other employment anti-discrimination laws such as Title VII and the ADA?
- What significant USERRA litigation in recent years has clarified employer obligations and expanded employee protections?
- What are employer defenses to USERRA claims?
- What are best practices for assisting employer clients with USERRA compliance and mitigating risk of claims?
Faculty

Adam Augustine Carter
Principal
The Employment Law Group
Mr. Carter helps executives reach favorable agreements with their companies at pivotal career moments such as hiring,... | Read More
Mr. Carter helps executives reach favorable agreements with their companies at pivotal career moments such as hiring, promotion, and separation. He is also a seasoned courtroom advocate who has won numerous cases at trial and on appeal. Mr. Carter represents clients who bring claims against their employers for wrongful termination, retaliation, and discrimination of all sorts. He has strong experience representing service members and veterans who face bias in the workplace, including at defense contractors and government agencies. He has written and spoken about the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal statute that forbids employers from discriminating against workers based on their military service.
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Amy Quick Glenos
Shareholder
Ogletree Deakins
Ms. Glenos’ practice is devoted to representing management in all phases of employment-related disputes and... | Read More
Ms. Glenos’ practice is devoted to representing management in all phases of employment-related disputes and litigation, with a focus on USERRA litigation, defense of DOL/VETS and ESGR complaints, and military leave advice and counsel. In addition to her military-related practice, Ms. Glenos routinely represents clients in Title VII, Section 1981, the ADA, ADEA, FMLA, and Title IX cases. She previously worked as corporate counsel and employment law advisor to a firm client, where she advised on personnel policies and practices. She currently serves as co-chair of OD Vets, the firm’s veterans’ employee resource group.
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Bradford J. Kelley
Shareholder
Littler Mendelson
Mr. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He... | Read More
Mr. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace. A former U.S. Army infantry and intelligence officer and Iraq War veteran, Mr. Kelley also defends employers against claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA), including complicated military leave issues. A leading authority on USERRA, Brad’s articles on USERRA have been published in the Penn State Law Review, Drexel Law Review, Hofstra Labor & Employment Law Journal, and the Military Times. Prior to joining the firm, Mr. Kelley was chief counsel to the EEOC Commissioner and a senior policy advisor with the Wage and Hour Division of the U.S. Department of Labor.
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