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3rd Circuit reinstates FEDEX USERRA case…

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3rd Circuit reinstates FEDEX USERRA case…

Old 08-17-2021, 12:20 PM
  #21  
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The US Court of Appeals for the Third Circuit held on August 10 in Travers v. Federal Express Corporation that paid leave is among the “rights and benefits” that the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires for employees on military leave if an employer provides them to employees on comparable, nonmilitary leave types, such as jury duty and sick leave. The ruling, which is the second by a federal appeals court to make a similar holding after the Seventh Circuit’s decision in White v. United Airlines, Inc. et al., will likely lead to more litigation around unpaid military leave, and makes it even more critical for employers to review their policies to limit risk.

THE COURT HOLDS THAT USERRA’S PLAIN TEXT AND LEGISLATIVE HISTORY SUPPORT PAID LEAVE AS A ‘RIGHT AND BENEFIT’

Gerard Travers served in the United States Navy Reserve while working for FedEx. He received no compensation from his civilian employer during periods of military leave. As alleged, however, FedEx paid employees during periods missed for jury duty, illness, and bereavement, among other reasons. Travers challenged FedEx’s military leave policy on behalf of a putative class, but a district court in Pennsylvania dismissed his claims, holding that paid leave was not a “right and benefit” under USERRA. The Third Circuit reversed.

First, the Third Circuit rejected FedEx’s argument that the “benefit” at issue was “paid military leave” as opposed to paid leave generally. The court found that this reading “veers away from the text of USERRA,” which “describes a process for evaluating alleged disparate treatment of service members on military leave,” and does not “create a class of rights and benefits.” In other words, the court disagreed with FedEx’s reliance on “extra-textual labels”—i.e., the distinction between “paid leave” and “paid military leave”—and focused its inquiry on whether USERRA “extends a right and benefit in the form of pay to the group of employees who miss work for non-military reasons, but then denies pay to the group absent for military service.”
Absent Congress actually writing more specific legislation, this is going to drag on.
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Old 08-17-2021, 12:24 PM
  #22  
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Originally Posted by JamesNoBrakes View Post
As someone that has served, this has always bugged me, since some MOSs are in the line of combat, where others, like some support specialty, would never be in those circumstances. Even some of those that are technically "combat", but definitely many of the ones that are not. The "you put your life on the line" ends up being a pretty wide cast net, with many never even getting close to that and the statistical probability being near zero based on their role. Of course, then you probably couldn't find people to fulfil these jobs if they didn't get the same benefits...but it's always bugged me to cast them all in the same light...because they aren't.
Not unlike police officers most of whom will never unholster their service weapons other than at the range or the gun safe.
They also serve who only stand and wait.

-John Milton
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Old 08-17-2021, 02:13 PM
  #23  
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The law and precedent are crystal clear. FDX is just rolling the judicial dice, hoping for a reversal they even they must know is unlikely.
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Old 07-22-2022, 10:17 AM
  #24  
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Was there any finally outcome of this or it’s it still being battled out in the courts?
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