The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires employers to make pension or other retirement benefit contributions for employees who take and return from military leave and allows employees to make catch-up contributions while they were on leave. USERRA specifies the methods by which employers must calculate and determine the amounts of those contributions. Barton & Downes’ Veterans and Servicemembers Rights and Benefits Practice Group represents veterans and servicemembers nationwide, in both class actions and individual lawsuits. A number of federal and state laws provide veterans and servicemembers with specific rights, preferences, and benefits.

USERRA protects servicemembers’ right to health benefits and provides for continuation of health benefits.

USERRA allows employees to use vacation leave while they serve in the military; however, USERRA prohibits employers from requiring servicemembers to use vacation leave while they serve in the military.

USERRA also requires employers to provide employees on military leave with the most favorable treatment with respect to benefits that the employers provide to those on a comparable form of leave.

The following are a sample of the type of USERRA-protected benefit cases which members of Barton & Downes' Veterans and Servicemembers Rights and Benefits Practice Group have litigated:

1. United Airlines Pilots Pension Contribution USERRA Litigation

2. American Airlines Pilots Pension Contribution USERRA Litigation

3. American Airlines Group, Inc. Profit Sharing USERRA Litigation

Various federal and state veterans preference laws provide veterans with a preference in public employment. Some of the areas covered by these laws include hiring- and promotions-related practices of public employers. For example, depending on the preferences provided by the applicable law, for positions where the applicants are subject to a rating system based on experience and qualifications, the public employer can be required to provide veteran applicants with a percentage increase to their ratings. For positions where the applicants are not subject to a rating system, the employer can be required to give preference to veteran applicants over other applicants who are not more qualified.

The following is a sample of the veterans preference cases in which members of the Barton & Downes Veterans and Servicemembers Rights and Benefits Practice Group have litigated involving failure to comply with veterans preference laws:

1. Washington State Patrol USERRA Litigation

The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) prohibits employers from discriminating against veterans and servicemembers on the basis of military status, including leave taken to serve in the military. USERRA also requires employers to promptly reemploy employees who return from military leave, with the same seniority, benefits, and pay and promotions that would have had if they had not left for military service. USERRA also requires employers to make reasonable efforts to accommodate employees who are injured during military leave.

USERRA also prohibits retaliation against anyone (whether or not they have performed military service) who files a complaint, testifies, assists or otherwise participates in an investigation or proceeding under the law; or exercises any right provided under the law. This provision is not limited to persons who have performed military service.

The following is a sample of the cases involving discrimination in hiring, promotions, and termination based on military status, failure to re-employ, and retaliation in violation USERRA that have been litigated by members of Barton & Downes’ Veterans and Servicemembers Rights and Benefits Practice Group:

1. BLB Resources

2. InGenesis and STG International USERRA Litigation

3. United Parcel Service, Inc. USERRA Litigation

4. Washington State Patrol USERRA Litigation

Veterans receiving benefits from the Department of Veterans Affairs (VA) are often also enrolled in private, long-term disability benefit (“LTD”) plans offered through their civilian employers. Instead of allowing veterans to receive the full benefits from both the private LTD plan and the VA, some LTD plans attempt to deduct or “offset” the amount of LTD payments by claiming that the VA benefits should reduce the amount paid under the LTD plan.

Barton & Downes’ Veterans and Servicemembers Rights and Benefits Practice Group has litigated cases concerning employers’ and insurers’ practices of offsetting veterans benefits under the Uniform Services Employment & Reemployment Rights Act (“USERRA”) and the Employee Retirement Income Security Act (“ERISA”). The following is a sample of such veterans benefit offset cases:

1. Liberty Life Veterans Benefit Offset Litigation

2. Sun Life Veterans Benefit Offset Litigation

The Servicemember Civil Relief Act (“SCRA”) provides a range of protections for members of the Armed Forces who engage in active duty, including in the areas of mortgage foreclosure, mortgage interest rates, credit card interest rates, student loan interest rates, life insurance, health insurance, eviction, civil judicial proceedings, and federal taxation.

Among other things, the SCRA limits to 6% the annual interest rate for any mortgage, student loan, or other liability that a servicemember can be charged during military service. The SCRA prohibits banks, mortgage companies, financial institutions, storage facility operators, and other companies and institutions from foreclosures, repossessions, and placing liens on property against active-duty servicemembers without first obtaining court orders. The SCRA also allows servicemembers to terminate or cancel rental property leases entered into prior to active service.

Barton & Downes’ Veterans and Servicemembers Rights and Benefits Practice Group is currently litigating the following cases concerning failure to comply with the SCRA:

1. Ditech SCRA Litigation