X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
PUBLISHED

Plaintiffs, fifteen employees of the San Antonio fire department, who are members of either the United States military reserves or the National Guard (“Uniformed Services”), brought this civil action under the Uniform Services Employment and Reemployment Rights Act of 1994 (“USERRA”)*fn1 against the City of San Antonio, Texas for declaratory, injunctive, and equitable relief; compensation for lost wages and benefits; and additional liquidated damages. The plaintiffs contend that the City violated USERRA by denying them employment benefits because of their absences from work while performing their military duties in the Uniformed Services. More specifically, the employees assert that the City’s Collective Bargaining Agreement (“CBA”) and policies regarding military leave of absence deprive them of straight and overtime pay, opportunities to earn extra vacation leave and vacation scheduling flexibility, and opportunities to secure unscheduled overtime work and job upgrades. Plaintiffs assert that under USERRA � 4311(a)*fn2 “the City, in implementing these employment practices, unlawfully discriminate[s] against them by deeming them ‘absent’ from work whenever they are on leave fulfilling their military reserve duties, as opposed to viewing them as ‘constructively present at work.’”*fn3 The City contends that, because � 4316(b)(1)*fn4 provides that persons absent from civilian employment by reason of military service are entitled only to such non-seniority rights and benefits as the employer provides to employees when they are on non-military leaves of absence, plaintiffs cannot recover since they were treated equally as to such rights with all employees absent on non-military leave.

Facts

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021
Virtual

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Register

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

E-Discovery Attorney - California (remote)

REMOTE, California, United States

TEMPORARY/FULL-TIME/SHORT-TERM:  Do you have some free time in the next few weeks?   If so, we can help you utilize it! ...


Apply Now ›

JUNIOR CIVIL LITIGATION ASSOCIATE (ATLANTA, GA)

Atlanta, Georgia, United States

Our client, the senior Litigation Partner at a well-regarded, mid-sized Atlanta business boutique, has asked for our assistance in identifyi...


Apply Now ›

Attorney- Simsbury, Connecticut

Simsbury, Connecticut, United States

Farber, Brocks & Zane, LLP is seeking an attorney for our Simsbury, CT office to join our growing and active insurance coverage practice gro...


Apply Now ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

07/27/2021
TLI Web

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.


View Announcement ›

HARWOOD LLOYD, LLC

07/26/2021
NJLJ Web

HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/26/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›