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USERRA Primer: Law Review No. 0766, A summary of  servicemembers’ reemployment rights under federal law is posted here in for easy access because of its broad appeal as a primer on USERRA law)

 

No. 2: Pension Credit for Military Service that Predates Civilian Employment (March 1998)

No. 3: Military Voting Rights (May 1998)

No. 4: Pension Rights (July 1998)

No. 5: Notice to Your Civilian Employer (August 1998)

No. 6: Character and Duration of Service (September 1998)

No. 7: Deadline for Returning to Work (November 1998)

No. 8: Entitlements of the Returning Veteran (December 1998)

No. 9: Pension Rights Continued (March 1999)

No. 10: Health Insurance (June 1999)

No. 11: Discrimination Against Reservists (July 1999)

No. 12: Enforcement of USERRA Rights (November 1999)

No. 13: Pension Credit for Pre-Employment Military Service (June 2000)

No. 14: Effect of Reserve Drill Pay on Unemployment Compensation (July 2000)

No. 15: Pension Credit for Military Service Continued (August 2000)

No. 16: Department Involvement in State Issues (September 2000)

No. 17: Summary of Published Articles (October 2000)

No. 18: USERRA and Employer Policies (November 2000)

No. 19: Promotion Board Consideration of Reserve Officers on Active Duty (On web site only) No. 20: Service Academy Appointments for Children of Reserve Component Members (On web site only)

No. 21: State Retirement Credit for Military Service; Virginia Agrees with ROA's Position (December 2000)

No. 22: Division of Military Pension in Divorce (January/February 2001)

No. 23: Military Voting Rights (March 2001)

No. 24: Enforcement of Reemployment Rights Outside the U.S. (April 2001)

No. 25: Use of Federal Government Equipment and Time for Reserve Unit Activities (May 2001)

No. 26: Use of Vacation for Military Service (June 2001)

No. 27: The Military Whistleblower Protection Act (July 2001)

No. 28: Applying USERRA To Multi-Employer Situations (September 2001)

No. 29: I am Being Recalled. What About My Civilian Job? (October 2001)

No. 30: Does USERRA Apply to Voluntary Service? (October 2001)

No. 31: Re-employment Rights After Being Furloughed (October 2001)

           LTC Cathey v. BancorpSouth: David Beats Goliath in Federal Court (October 2001)

No. 32: Does USERRA Apply to Students? (November 2001)

   No. 32 Update 1: Posted 24 February 2003

   No. 32 Update 2: Posted 2 April 2003

   No. 32 Update 3: Posted 1 June 2003

No. 33: Paid Military Leave for Federal Employees (November 2001)

No. 34: Applicability of USERRA to the Legislative and Judicial Branches (November 2001)

No. 35: Impending Service Results in Immediate Firing (December 2001)

No. 36: Activation Prevents Start of New Job (December 2001)

No. 37: Elected Officials and Reserve Duty (December 2001)

   CORRECTON TO LAW REVIEW No. 37: (March 2002, Reader Feedback)

No. 38: Mobilization and Family Support (December 2001)

   --Related DefenseLink article: Check Child Support Rules for Mobilization

No. 39: Possibility of Layoff Before or During Military Service (March 2002)

No. 40: Pension Rights Continued (March 2002)

No. 41: USERRA Rights During Service (April 2002)

No. 42: Progress on Exemptions From USERRA's Five-Year Limit (April 2002)

No. 43: Military Voting Rights (May 2002)

No. 44: Military Voting Rights--Continued (May 2002)

No.45: USERRA and SSCRA Coverage For National Guard Members (June 2002)

   --No. 45 NOTE: Congress Closes Loophole in the SSCRA (added November 2002)

No.46: Coverage of the PHS Commissioned Corps (June 2002)

No.47: Good News from California (June 2002)

No.48: Retirement Benefits For Government Employees Who Are Reservists (Jul/Aug. 2002)

   --No.48 Update: Tennessee Complies with 10 U.S.C. 12736 (added February 2003)

No.49: Voting Rights Letter to State/Local Election Officials (Jul/Aug. 2002)

No.50: USSERRA Coverage for Examination to Determine Fitness (Sept. 2002)

No.51: USSERRA Coverage for Funeral Honors duty (Sept. 2002)

No.52: USSERRA Coverage of the NOAA Corps (Sept. 2002)

No.53: Retroactive Promotion for Recalled Reservist (Oct. 2002)

No.54: Uniformed Service Counts Toward FMLA Thresholds (Oct. 2002)

No.55: Voting in Union Elections While Mobilized (Oct. 2002)

No.56: USERRA Review (Nov. 2002)

No.57: State "No Double-Dipping" Rules Violate Federal Law (Nov. 2002)

No.58: Furlough or Leave of Absence Clause Revisited (Dec. 2002)

No.59: Vacation Benefits Under USERRA (Dec. 2002)

No.60: Escalator Principle Applies to Entire Period of Military-Related Absence (Dec. 2002)

No.61: Not Necessary to Establish Discriminatory Intent under Section 4312 (Dec. 2002)

No.62: Paid Military Leave for Federal Civilian Employees (Dec. 2002)

No.63: Effect of Resignation (January/February 2003)

No.64: Discrimination in Hiring (January/February 2003)

No.65: Letter to the Department of Justice Regarding USERRA (March/April 2003)

   --No. 65: DoJ Responds to ROA letter regarding USERRA

No.66: Letter urging priority for SSCRA cases--To Mr. Peter D. Keisler, Assistant Attorney General Designate, U.S. Department of Justice (July 2003)

No.67: Enforcement of USERRA against Executive Agencies (March/April 2003)

No.68: Tax Tips for the Military-2002 (March/April 2003)

No.69: Continuation of Civilian Health Insurance Coverage while Deployed (April 2003)*

No.70: Adequate Travel and Rest Time before Reporting to Military Training (April 2003)*

No.71: Paid Leave for Federal Employees Performing PHS Service (April 2003)*

No.72: Right to Get Out of Lease (April 2003)*

   * Note: Law Reviews 69 through 72 are published only here.

No.73: Immediate Reinstatement of Air National Guard Member Who Had Smallpox Vaccination (May 2003)

No.74: Pension Entitlements Under USERRA (May 2003)

No.75: Pension Rights Revisited (May 2003)

No.76: Making Up Missed Contributions to Pension Plan (May 2003)

No.77: I Am Being Demobilized. What About My Civilian Job? (June 2003)

   --No 77 Sample Re employment Application Letter

No.78: Bankruptcy and the SSCRA (June 2003)

No.79: Right to Re-employment with Successor in Interest to Pre-Service Employer and Status of Re-employed Veteran (June 2003)

No.80: USERRA And The FLSA

No.81: Is It "Impossible or Unreasonable" To Reinstate Me?

No.82: Pre-Tax Dollars for Make-up Pension Contributions

No.83: Military Voting Rights

No.84: Notice to the Civilian Employer

No.85: Reinstatement of Health Insurance Coverage after Military Service

No.86: Does He Lose His Job for Failure to Use the Magic Words?

No.87:"Double-Dipping" by Federal Civilian Employees Permissible

No.88: Right to Continuance of Administrative Hearing

No.89: Enforcing USERRA against a State

No.90: Key Employee Program

No.91: Notice and Documentation Requirements

No.92: Going on the Offensive Using Section 590 of the SSCRA

No.93: USERRA Enforcement by OSC (Continued)

No.94: USERRA Overrides State Hiring Freeze

No.95: Two Veterans Returning to Same Position

No.96: Local Election Officials Respond to ROA Survey

No.97: New Letter To Election Officials About Military Voting

No.98: Does USERRA Apply to Spouses?

No.99: Does USERRA Apply to Partnerships?

No.100: USERRA Coverage for Intermittent Disaster Response Appointees

No.101: Does USERRA Apply to Temporary Positions?

No.102: Does USERRA Apply to Non-Appropriated Fund Activities?

No.103: Do I Have To Work on My Day Off?

No.104: Everything You Wanted to Know About USERRA But Were Afraid to Ask

No.105: USERRA: Frequently Asked Questions

No.106: Don't Try to Work at your Civilian Job While on Active Duty

No.107: Pension Entitlements Apply to Training Duty

No.108: Letter To Federal Agency Concerning USERRA Case Involving an Agency Employee

No.109: New Developments in Military Voting Rights

No.110: Terminating a Vehicle Lease Upon Mobilization

No.111: Eviction Protection After Mobilization

No.112: Interest Rate Cap After Mobilization

No.113: Please Don't Take Away My Pay Guarantee!

No.114: The Military Family Tax Relief Act of 2003 and How It Affects You

No.115: Can the Employer Sue Me Under USERRA?

No.116: Servicemembers' Civil Relief Act

No.117: Time Off from Work before Mobilization

No.118: Right to Reinstatement of Health Insurance after Service

No.119: State Law Cannot Limit USERRA Pension Credit

No.120: Letter to Congress about USERRA Regulations (April 04)

No.121: Re-employment of Disabled Veterans

No.122: May We Forbid Current Employees Permission to Join Reserves?

No.123: Opinion: Congress Should Amend USERRA

No.124: Serving in a Combat Zone and Your Federal Income Taxes

No.125: Legal Assistanceand it's Free

No.126: Paid Military Leave for Federal Employees

No.127: Review of 2002-03 USERRA Cases

No.128: New USERRA Case

No.129: Status of the Returning Veteran

No.130: Right To Prompt Reinstatement Despite Temporary Disability

No.131: Criminal Prohibition on Salary Supplement for Reserve or Guard Personnel

No.132: Taxability of Employer Payments While You Are Mobilized

No.133: State Laws, USERRA, and a $10,000 Judgment

No. 134: Employers: Please Don't Bother Them in Iraq! (Also see No. 163)

No. 135: Employer Quotas Revisited

No. 136: More on Disabled Veterans

No. 137: Taxation of Employer Payments to Reservists and National Guard Members

No. 138: Pension Credit for Military Service-Continued

No. 139: Pension Credit for Military Service

No. 140: Do I Have to Work on My Day OffPart 2

No. 141: Paid Military Leave for Federal Employees Continued correction to No. 141 added December 5, 2004

No. 142: Reinstatement of Your Health Insurance upon Re-Employment

No. 143 Standby Federal Ballot if You Do Not Receive Your Regular Absentee Ballot

   -No. 143-UPDATE: Federal Write-in Absentee Ballot

No. 144 Where Am I Supposed to Vote?

No. 145 How Do I Find Information about Candidates and Officials in My Home State?

No. 146 Interim Voting Assistance System

No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions

No. 148 Good News on USERRA Enforcement

No. 149 You Are Not Required To Arbitrate Your USERRA Complaint

No. 149-UPDATE USERRA Victory in Dallas Federal Court Case

    ADDENDUM to No. 149: Court Opinion-Garrett v. Circuit City (pdf)

    Supplement to No. 149-April 2005 (pdf): Amicus Curiae Brief - re, Defendant's Motion To Compel Arbitration

    Supplement to No. 149-June 2005 (pdf): ROA Amicus Curiae Brief in support of plaintiff

No. 150 Protection From Discrimination-Continued

No. 151 Federal Employees Who Took Military Leave before 2001 May Be Entitled to Compensation

No. 152 When It's Over Over There, GI Joe Gets His Job Back

No. 153 Makeup Exam after Returning from Service

No. 154 Joint Employment Doctrine under USERRA

No. 155 Injured National Guard Technician

No. 156 Reporting Back to Work After Weekend Drills

No. 157Relationship between Union Agreement and USERRA

No. 158 Military Leave of Absence when Mobilized

No. 159 Waiving the Fee for Filing a USERRA Appeal

No. 160 2004 Federal Tax Return Tips for Reserve and National Guard Members

No. 161 Does USERRA Apply to Voluntary Service (Cont'd)

No. 162 Discrimination against Recently Separated Veterans

No. 163 Employers-Please Don't Bother Them in Iraq, Part 2

No. 164 Employers Required to Notify Employees of USERRA Rights

No. 165 Help! I Lose Money When I Drill

No. 166 Barring Military Recruiters from College and University Campuses

No. 167 Pension Rights of Federal Employees Returning from Military Service

No. 168 Time Off from Work for Military Medical Treatment

No. 169 Where Oh Where Have the USERRA Regulations Gone?

No. 170 Missed Promotion Examination while Mobilized

No. 171 My Professional License Has Expired-Help!

No. 172 USERRA Has Teeth

No. 173 Prearranging Funerals and Excluding Relatives

No. 174 USERRA Applies to Union Hiring Hall

No. 175 Mobilization Issues That Affect You And Your Employer

No. 176 Continuation Of Civilian Health Insurance Coverage During Military Service

No. 177 Does USERRA Apply to the Railroad Retirement System?

No. 178 Bum Scoop Can Have Bad Consequences

No. 179 Voting in NLRB Elections while Mobilized

No. 180 Returning to Work after Weekend Military Training

No. 181 Key Employee Program Continued

No. 182 Forgotten Military Orphans: Legislative Proposals for Congress to Consider

No. 183 USERRA Applies to Hiring Hall Situations

No. 184 Protection from Discharge after Re-employment

    ROA Amicus Brief relating to Law Review No. 184 (pdf)

No. 185 Does USERRA Apply to Religious Institutions?

No. 186 Does USERRA Apply to Indian Tribes as Employers?

No. 187 Does USERRA Apply to Students?

No. 188 Vacation Benefits Under USERRA

No. 189 Appellate Review of MSPB Decisions on USERRA

No. 190 Active Duty to Mitigate Damages Does Not Count Toward 5-Year Limit

No. 191 Sometimes David Does Beat Goliath

No. 192 Physician Regaining Hospital Privileges After Service

No. 193 Election Officials Must Accept The FPCA

No. 194 Federal Law Overrides State "Not Earlier Than" Rules

No. 195 Congress Provides Standard Federal Oath for Military Voting

No. 196 Federal Write-in Absentee Ballot

No. 197 Tutorial on USERRA Procedures

No. 198 Asking Questions about Reserve Affiliation in Employment Application Forms

No. 199 Rights of Returning Disabled Veterans-Continued

No. 200 Is Injunctive Relief Available in a USERRA Case?

No. 201 Have I Exceeded the Five-Year Limit?

No. 202 Illinois Leads the Way in Supporting Families of Mobilized Reservists

No. 203 Is the Right to Re-employment Absolute?

No. 204 Domicile of Military Spouses for Voting and Taxation Purposes

No. 205 Recent USERRA Victory

No. 206 Computation of Damages in USERRA Case



Effective January 2006, the numbering system for the Law Reviews is being changed. They now will carry a four-digit designation with the first two digits representing the year and the last two digits the article's sequential order for that year.  For example, the first published in 2006, is numbered 0601. It was first published as Law Review 207 in the January/February issue of The Officer. Previous law reviews will retain their original numbering in the ROA archives.



No. 0601 (old 207) Vote, And Make Sure Your Vote Is Counted

No. 0602 Make Sure Your Vote Is Counted (For UOCAVA Voters)

No. 0603 Virginia Voter Registrar Unlawfully Challenges The Voter Registration Of Military Personnel And Spouses

No. 0604 Department of Labor's New Regulations Give Reservists a Boost under USERRA

No. 0605 Demonstration Project on USERRA Enforcement Within the Federal Government

No. 0606 Can I Request DOJ Assistance After I Run Out Of Money To Pay My Lawyer?

No. 0607 How Does USERRA Apply To the Relationship Among Employers and Pension Plan Administrators?

No. 0608 I'm Not Dead Yet: If Social Security Says You're Dead, Get a Second Opinion

No. 0609 Userra's Prohibition on Discrimination Applies Even to "Temporary" Positions of Employment

No. 0610 Where Do I Go for USERRA Assistance?

No. 0611 Does USERRA Provide for Interest on Back Pay Awards?

No. 0612 Supreme Court Gets It Right

No. 0613 Summary Of Law Review Articles On USERRA

No. 0614 Trilogy of New Rulings Affects Federal Employees

No. 0615 Under UCMJ, right to free speech does not mean anything goes

No. 0616 Effect of State Employment at Will and Right to Work Laws

No. 0617 SCRA Applies to Bankruptcy Proceedings

No. 0618 Military Spouse Voting in Virginia-Problem Solved

No. 0619 Mandatory Arbitration Mandate: Court ruling sets back USERRA Enforcement

No. 0620 USERRA Coverage for National Guard Members Assisting in Border Control Efforts

No. 0621 Does USERRA Apply to Probationary Jobs--YES!

No. 0622 Don't Apply For Reemployment Until You Are Ready To Return To Work

No. 0623 GAO Reports on USERRA-Enforcement

No. 0624 Voting Matters: Servicemembers helping enfranchise people in Southwest Asia should exercise their own precious right despite being far from home

No. 0625 Medals & Awards: An Act of Stolen Valor

No. 0626 Primer on Military Voting

No. 0627 Sen. Conrad Burns--Friend of the Military Voter

No. 0628 Domicile of the Military Voter: Where Am I Supposed To Vote? If Not Here, Where?

No. 0629 War and Taxes: IRS insists it can audit a limited liability corporation while the principal is serving in a combat zone.

No. 0630 Do IDF Reservists Have Reemployment Rights Under USERRA?

No. 0631 Is Harassment a Cognizable Claim under USERRA?

No. 0632 I Want To Sue the Boss Personally!

No. 0633 Limits on Rights of Disabled Veterans

No. 0634 More on Successor in Interestt

No. 0635 Child Custody: SCRA can assist deployed servicemembers caught up in child custody cases, but be careful of misusing the law.

No. 0636 Documentation of U.S. Citizens Born Abroad

No. 0637 Does USERRA Apply to TSA Screeners?

No. 0638 Interest Rate Reduction to 6 Percent After Mobilization

No. 0639 Mandatory Arbitration -- Continued

No. 0640 Returning Disabled Veteran to Work: Employers' Obligations Under USERRA

No. 0641 Bill Introduced To Permit Recallees To Terminate Cell Phone Contracts

No. 0642Veterans' Reemployment Rights, USERRA and Time Limits



2007 Law Reviews



No. 0701 No Telepathy Required

No. 0702 What Are You Thinking?

No. 0703 USERRA's Pension Rules Apply to Short-Term Military Periods

No. 0704 The President of the Company Has Rights under USERRA

No. 0705 Health Insurance Coverage for Son of Employee

No. 0706 Joint Employer Doctrine Revisited

No. 0707 KIA and USERRA: A claim can survive the death of the plaintiff

No. 0708 Stolen Valor Act Signed into Law

No. 0709 Letter to Election Officials About Military Voting

No. 0710 Applying for Reemployment-Continued

No. 0711 ESGR Volunteer Recovers $100,000 for USERRA Claimant

No. 0712 USERRA Applies to Hiring Halls-Continued

No. 0713 Willful USERRA Violation: Judge determines company's denial of wrongdoing is not credible

No. 0714 USERRA Still Applies in DoD's Consecutive Call-up Policy

No. 0715  Does USERRA Apply to Foreign Employers in the United States?

No. 0716  The Fourth Circuit Upholds the Uniformed Services Former Spouses' Protection Act.

No. 0717 You Must Make an Effort to Mitigate Your Damages

No. 0718 Combat Zone Tax Options for Families of Deceased Servicemembers

No. 0719  Reemployment and Regulars: USERRA supports recruitment of older individuals to meet higher Active Duty end-strength authorities

No. 0720 Long-term Deployment and Vacation TimeLong-term Deployment and Vacation Time

No. 0721 Veterans' Preference Act

No. 0722 Federal Circuit Reverses the MSPB, Again

No. 0723 More on Successor in Interest

No. 0724 Does USERRA Have a Statute of Limitations?

No. 0725 Contractual Statute of Limitations Held to Apply to USERRA Case

No. 0726 MSPB Reversed, Yet Again: USERRA provides an absolute right to a hearing

No. 0727 Federal Government Considered 'Model Employer' under USERRA

No. 0728 Condo Association Can't Trample Right to Display U.S. Flag

No. 0729 Kirkendall - VEOA and Equitable Tolling of Claim

No. 0730 Are Schedule C Employees Protected by USERRA?

No. 0731 Another Recent Case on the Burden of Proof in USERRA

No. 0732 USERRA Applies to Deferred Compensation Plans

No. 0733 City of Columbus Held Not Liable for Suicide of Returning Veteran

No. 0734 GAO Reports on USERRA Enforcement

No. 0735 DoD Needs to Know about Your Civilian Job

No. 0736 Proposal to Require Employers to Grant Leave for Family Member of Wounded Warrior

No. 0737 Right to Trial by Jury under USERRA

No. 0738 Successor in Interest-Continued

No. 0739 Burden of Proof in Section 4311 Cases

No. 0740 Federal Employees Protected from RIF during Military Service

No. 0741 Am I Permitted to Make Up Missed Employee Contributions to My Pension Plan Account after Leaving the Employ of My Pre-Service Employer?

No. 0742 Predatory Lending: Servicemembers get new protections from some loan practices.

No. 0743 Death Gratuity and the “Blended” Military Family

No. 0744 How the Death Gratuity Could Be Better Handled for Forgotten Military Orphans: Legislative Proposals for Congress to Consider

No. 0745 Recent Ohio Supreme Court Case on USERRA Enforcement

No. 0746 USERRA Forbids Discrimination in Initial Hiring

No. 0747 Russell v. Equal Employment Opportunity Commission

No. 0748 Federal Law and New York Law Governing Non-Federal Public Employees in New York and Military Service

No. 0749 USERRA Primer

No. 0750 Target Hit: National Guard member wins USERRA case plus tort damages under state law.

No. 0751 Rules Change for Flying Flag at Half-Staff

No. 0752 Habit Forming: Federal Circuit reverses MSPB two more times.

No. 0753 A 'Motivating Factor': USERRA case reiterates that military duty need only contribute to termination of employment to be a violation of the law

No. 0754 Firmer Teeth: Legislation introduced to enhance USERRA enforcement.

No. 0755 The Federal Case: A description of USERRA's enforcement mechanisms for complaints by federal government employees.

No. 0756 Laid Off and Called Up: Layoffs still employment relationships under USERRA, other factors may keep you from getting your old job back

No. 0757 Buy Back Time: Your primer on the Civil Service Retirement System in regards to military service.

No. 0758 Taking the Leap: Employer cover-up fools DOL, but not the jury

No. 0759 Get In the Vote: GAO issues scathing report on voting woes for military members.

No. 0760 Second Careers: USERRA applies to retirees voluntarily returning to Active Duty

No. 0761 Veterans' Preference Act requires a federal agency to waive maximum age rule

No. 0762 Airline discourages Reserve service with contrary paycheck, insurance, and leave policies

No. 0763 The Office of Personnel Management has specific responsibilities under USERRA

No. 0764 High School Recruiting: Military recruiters have access to secondary schools

No. 0765 Reservist loses job for collecting undeserved benefits.

No. 0766 USERRA: A Primer: A summary of  servicemembers’ reemployment rights under federal law.

No. 0801 Supreme Court holds that veterans' preference is not sex discrimination

No. 0802 Legislation addresses retroactive promotions for World War II Navy and Marine Corps POWs

No. 0803 First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.

No. 0804 USERRA Applies to Employment as Adjunct Professor

No. 0805 USERRA Does Not Apply to Students-Part 3

No. 0806 Taxation of Disability Retirement Benefits

No. 0807 Bonus Bust: Mobilization deprives Soldier of earned bonus at civilian job

No. 0808 The Meaning in Shift: Daytime work is part of the “status” to which the returning veteran is entitled

No. 0809 Second Supreme Court Case Relating to Reemployment Statute: Trailmobile Corp. v. Whirls, 331 U.S. 40 (1947)

No. 0810 Attempt to Expedite USERRA Enforcement Process

No. 0811 Notice to Civilian Employer Not Requesting a Leave of Absence

No. 0812 Prior Notice To Employer Not Required To Predict Return To Job

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