The JSVA amends the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by restoring longstanding protections that have been undermined by recent federal court decisions upholding forced arbitration of USERRA claims. The JSVA clarifies that servicemembers and veterans cannot be forced to arbitrate USERRA disputes unless “all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.” It is essential for servicemembers and veterans to be assured that they can serve in the military and return to their jobs, and that any USERRA violation can be enforced in a court of law
First, the Department adopted NELA’s recommendation that “eligible employee” be defined to ensure that absences for any type of military service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA) be credited toward the FMLA’s eligibility requirements of being employed for at least 12 months and on the job for at least 1,250 hours during the 12 months prior to FMLA leave. The proposed and former rules included only National Guard and Reserve duty as creditable towards those requirements, which conflicted with USERRA. Second, the Department accepted NELA’s recommendation that a returning servicemember’s entire absence due to or necessitated by military service count toward FMLA eligibility requirements
The MSPB also sought comments comparing the WPA’s coverage to coverage under USERRA, and whether or not WPA coverage of federal contractors would negatively impact coverage under certain other federal contractor whistleblower protection statutes
Abernathy v. Dept. of the Army_NELA Amicus_Filed.pdf
NELA's Monthly Legislative Report: In This Issue: Paycheck Fairness Act Dies A Partisan Death In The Senate, Advocates Look For Alternatives NELA Redoubles Lobbying Efforts On Garnering Republican Support For The Civil Rights Tax Relief Act Of 2011 Arbitration Fairness Act Shows Little Sign Of Traction This Congressional Session, CFPB Study Might Provoke Some Movement Senate Panel Passes Domestic Partner Benefits Measure For LGBT Partners Of Federal Employees Senate HELP Committee Slates Hearing For ENDA NELA Submits Comments To EEOC On The Withdrawal Of Its Proposed Revision Of The"Enforcement Guidance on Reasonable Accommodation And Undue Hardship Under the Americans with Disabilities Act (ADA)" DOL - OSHA Announces Intent To Establish Whistleblower Protection Advisory Committee Senators Casey And Pryor Introduce Bills To Ensure Workplace Protection For Servicemembers #DOL #ForcedArbitration #CJTFA #Newsletter #Whistleblower #EEOC #FederalEmployees #ADA #AFA #LegislativePublicPolicy #USERRA
OTH_06_2012.pdf
Senators Urging President Obama To Issue LGBT Federal Contractor Executive Order Department Of Labor Issues NELA-Influenced Updated FMLA Regulations NELA Submits Comments To DOL On ALJ Hearing Rules & Practices #ForcedArbitration #LGBT #OFCCP #FederalEmployees #AttorneysFees #Publication #Discovery #DOL #NLRB #LegislativePublicPolicy #AFA #FMLA #Newsletter #Membership #FederalRules #USERRA #CJTFA #JudicialNominations #FLSA #Affiliates
On December 28, 2011, NELA, along with AARP and the Metropolitan Washington Employment Lawyers Association, urged the U.S. Court of Appeals for the District of Columbia to reject a district court decision requiring the plaintiff (a federal employee) to prove that discrimination was the &ldquo...
Ponce Amiucs Brief_AARP MWELA NELA_Final_12-28-11.pdf
In This Issue: NELA Participates In White House Summit On Judicial Nominations EEOC Issues Enforcement Guidance on Arrest And Convictions Records; House Votes For Appropriations Amendment To Forbid Use of Commission's Funds To Implement ...
OTH_05_2012.pdf
NELA's Legislative Report. In This Issue: NELA's Judicial Nominations Program: Your Voice In The White House Meeting With Christopher Kang, White House Counsel, On NELA's Judicial Nominations Agenda> NELA Meets With Key...
OTH_04_2012.pdf
NELA's Legislative Report. In This Issue: Forced Arbitration Almost Comes To Wall Street NELA Submits Comments On EEOC's Draft Strategic Plan For FY 2012-016 NELA Releases Report On "Judicial Hostility To Workers' Rights: The Case For Professional Diversity On The Federal...
OTH_02_2012.pdf
NELA's Legislative Report. In This Issue: New Year, Same Old Politics Franken Amendment Extended For 2012 Richard Renner, Former NELA Board Member, Submits Comments To DOL On Proposed Rules Under Dodd-Frank Act President Obama Makes Recess Appointments To Key...
OTH_01_2012.pdf