A great way to honor our vets? Help them get jobs!

Today is Veterans Day, one day a year set aside to honor our military veterans, past and present. With more than 40,000 U.S. troops returning from Iraq by year's end, the day takes on even more significance. We're no doubt grateful to our military men and women and all they sacrifice to preserve our nation's freedom.

And how do we express that gratitude? After the parades, the standing ovations and even the free meals at certain restaurants (including Applebee's, Chili's, Outback Steakhouse and Subway), what can we do to thank our veterans for their courageous service?

If you're an employer, the answer may be to provide as many job opportunities to our veterans as you do our civilians. I know this is tricky because the economy is lousy and many businesses have frozen their hiring, but this isn't the case across the board.

In fact, a new CareerBuilder survey found that one in five (20 percent) employers are actively recruiting U.S. veterans over the next 12 months, while 14 percent are recruiting members of the National Guard.

Keep in mind this is different from employers who are legally obligated to reemploy soldiers returning from military leave. As we've discussed in this blog, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides certain rights to members of the uniformed services, such as reinstating employees upon completion of service.

When it comes to new hiring this year and into 2012, the areas where employers from the CareerBuilder survey plan to focus their attention are: 

    Information Technology -- 36 percent
    Customer Service -- 28 percent
    Engineering -- 25 percent
    Sales -- 22 percent

“The survey shows that employers recognize the unique value military experience can bring ..." said Brent Rasmussen, president of CareerBuilder North America.

Not to say that veterans won't face the same challenges securing a job as everyone else. According to the Bureau of Labor Statistics, the unemployment rate among vets who served in the Middle East since 9/11 was 12.1 percent this October, compared to 9 percent for the overall workforce.

“I don’t think it’s overt discrimination," says Chad Storlie, author of “Combat Leader to Corporate Leader: 20 Lessons to Advance Your Civilian Career, "but HR departments and hiring managers are being very picky today. He adds: "They want the best person that makes them feel comfortable; that’s why vets have to show everything in their background and how that will help them be successful.”

In addition to figuring out how to translate their military experiences into compelling skills for today's job market, veterans might consider where they live. A study commissioned by financial firm USAA and Military.com identified the “Best Places for Military Retirement: Second Careers.” The best town for vets went to Oklahoma City, Okla. After that, it was:

    Norfolk, Va.
    Richmond, Va.
    Austin, Texas
    San Antonio, Texas
    Madison, Wis.
    Philadelphia, Pa.
    Raleigh, N.C.
    Omaha, Neb.
    Manchester, N.H.

Short of packing their bags and moving to a a new town, however, HR experts recommend that vets focus on who they are and what they want to do, aggressively network (especially with ex-military personnel) and when possible, start reaching out to potential employers before they leave the military.

A great way to honor our vets? Help them get jobs!

Returning soldiers shouldn't have to fight for their USERRA rights

This past summer, President Obama announced that he will pull 10,000 troops from Afghanistan by the end of this year. And now, he is declaring that virtually all U.S. troops (approximately 39,000) will be returning from Irag by year's end, too.

“After nearly nine years, America’s war in Iraq will be over,” Obama said. “The coming months will be a season of homecomings. Our troops in Iraq will definitely be home for the holidays.”

Home for the holidays ... and re-entering the workforce. With thousands of veterans stepping back into the work world, employers need to ready themselves for the impact this activity will have on their business.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the primary federal law that provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. You can read more about USERRA here, but the main points to remember are:

=> USERRA requires employers to reinstate employees upon completion of service

=> USERRA prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training or any other terms of employment based on past, present or future military service.

=> When a service member returns from active duty of five years or less, that individual is entitled to any increases in seniority, promotions, pay and benefits that would have been received had he or she never left -- a legal concept known as the “escalator principle”

Returning soldiers shouldn't have to fight for their USERRA rights

Drawdown in Afghanistan: Are you ready for soldiers returning to work?

With Obama announcing that he will pull 10,000 troops from Afghanistan by December 2011 (and another 23,000 by the end of next summer), it's time to get up to date on USERRA.

If this makes you cringe a little, you're not alone. USERRA requirements are tricky for many employers.  In fact, a 2010 poll conducted by the Society for Human Resource Management (SHRM) revealed that only 9 percent of respondents were “extremely familiar” with USERRA, while 52 percent claimed to be “somewhat familiar” and an alarming 39 percent of respondents claimed to be unfamiliar with the law.

No more excuses! Only if you're thoroughly debriefed on the details of the law can you be certain you're giving returning soldiers every advantage in the workplace.

The rights of employed military members

USERRA is the primary federal law that provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. It prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training or any other terms of employment based on past, present or future military service. The law:

•    Applies to all employers, regardless of size
•    Covers anyone in federal uniformed services, including full-time, part-time, temporary, probationary and seasonal workers on active duty, reserve duty, or in training
•    Also protects intermittent disaster response personnel

At its core, USERRA requires that you give employees a military leave of absence of up to five years. Employees who take a military leave of absence are entitled to accrue benefits based on seniority, to pay for continued health care coverage, and to participate in insurance and other benefits not based on seniority. 

To be eligible for reinstatement, the returning veteran must notify you that he or she intends to return once military service is completed. The amount of time the veteran has to contact you regarding reemployment depends on the length of service:

•    For service less than 31 days, the individual must return at the beginning of the next regularly scheduled work period on the first full day after release from service (taking into account safe travel home plus an eight-hour rest period)
•    For service more than 30 days but less than 181 days, the individual must submit an application for reemployment within 14 days of release from service
•    For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service

The escalator principle

Remember: When a service member returns from active duty of five years or less, that individual is entitled to any increases in seniority, promotions, pay and benefits that would have been received had he or she never left – a legal concept known as the “escalator principle.” USERRA also requires that you provide any training or retraining necessary to enable returning service members to refresh their skills, thus allowing them to qualify for reemployment.

USERRA also provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. Service members recovering from injuries received during service or training are allowed up to two years from the time they completed service to return to their jobs or apply for reemployment.

Drawdown in Afghanistan: Are you ready for soldiers returning to work?

To Iraq and back - The legal rights of returning soldiers

As the U.S. wraps up combat operations in Iraq, the remaining 50,000 U.S. troops will be heading home and returning to work. Now is the time to brush up on your awareness of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and your legal responsibility to soldiers returning from military leave.

USERRA, which applies to both active duty and reserve members of the military, is the primary federal law governing the employment and reemployment rights of service members. USERRA requires you to reinstate employees upon completion of service; to grant the same seniority, status, pay and applicable benefits an employee would have earned if not called to duty; and to train or otherwise qualify returning employees for reemployment. Keep in mind, too, that when state and federal laws regarding military leave conflict, you must follow USERRA and provide the maximum advantages available.

USERRA requirements are tricky for many employers. In fact, a 2010 poll conducted by the Society for Human Resource Management (SHRM) revealed that only 9 percent of respondents were “extremely familiar” with USERRA, while 52 percent claimed to be “somewhat familiar” and an alarming 39 percent of respondents claimed to be unfamiliar with the law.

We can help. With our automatic poster replacement service, you can be certain you’re displaying the latest, mandatory USERRA information via the Federal Easy-Post™ labor law poster. G.Neil also offers an easy-to-read, downloadable E-Guide that clearly explains the USERRA regulations and your legal obligations.

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Veterans’ Benefits Act of 2010 makes some changes to USERRA

To Iraq and back - The legal rights of returning soldiers

Veterans' Benefits Act of 2010 makes some changes to USERRA

On October 13, President Obama signed into law the Veterans’ Benefits Act (VBA) of 2010. Through amendments to the Uniformed Services Employment and Reemployment Rights Act (USERRA), the VBA further protects service members from employment discrimination (including wages and benefits) and retaliation due to service.

Whereas USERRA excluded “wages or salary for work performed” in its definition of “benefit of employment,” the VBA references a 2002 court case to clarify that wages or salary are included in the definition.

The VBA will also utilize a multi-factor test to determine if a new, “successor-in-interest” company can be held liable for the USERRA violations of a previous company. (A modification to help prevent employers from dodging responsibility for their actions). The factors to be considered include:

• Use of the same or similar facilities
• Continuity of workforce
• Similarity of jobs and working conditions
• Similarity of supervisory personnel
• Similarity of machinery, equipment and production methods
• Similarity of products or services

The amendments are retroactive and apply to any USERRA violations that occur before, on or after the VBA’s enactment date.

Check back here to learn of potential updates to the federally required USERRA posting.

Veterans' Benefits Act of 2010 makes some changes to USERRA

The workplace after war: Are you ready to accommodate our returning troops?

Soon after declaring an end to the war in Iraq, President Obama withdrew the last of the U.S. combat troops from the Middle East last month – with a pledge to remove all troops from the area by the end of 2011. With thousands of our men and women heading home and stepping back into the work world, now is the time to prepare for the impact this may have on your business.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the primary federal law governing the employment and reemployment rights of uniformed service members. In general, USERRA requires both private and public employers to provide military leave for employees, and to eliminate or reduce any employment disadvantage resulting from participation. USERRA requires you to reinstate employees upon completion of service, grant seniority and applicable benefits to returning employees, and train or otherwise qualify returning employees for reemployment. Specifically, you may not discriminate in hiring, promotion, reemployment, termination or benefits because of past, current or future military obligations.

The law requires that you educate your employees about their USERRA rights. With Poster Guard® Compliance Protection, you can be certain you’re displaying mandatory USERRA information via the federal labor law poster. G.Neil also offers an easy-to-read, downloadable E-Guide that explains the USERRA regulations and your legal responsibilities.

The workplace after war: Are you ready to accommodate our returning troops?

USERRA helps veterans get back to work

Earlier this month, the President announced the withdrawal of 8,000 troops from Iraq by next February and the deployment of others to Afghanistan.

With 8,000 troops expected to return to the U.S. by next year, employers need to be prepared and understand the details of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 

USERRA provides reemployment protection and other benefits for veterans and other employees who perform military service. The law applies to all employers, regardless of size and all service members, including those who volunteered to serve.

"Service members transitioning from the military today are some of the most educated, technically savvy, professionally qualified the armed forces have ever produced," says Willie Hensley, deputy assistant secretary for human resources management and labor relations for the U.S. Department of Veterans Affairs.

Many service members have received expert training in areas such as engineering, health care, information technology and security. Even with their qualifications, helping service members transition back into the workplace can be a difficult process.

For employers looking to hire veterans and advice for transitioning soldiers, visit sites including:

• RecruitMilitary.com
• HireVetsFirst.gov
• VetJobs.com
• MilitaryHire.com
• The Riley Guide
• Military.com
• TAOnline.com

For more information on how USERRA protects the employment and benefit rights for employees who serve in the military and your responsibilities for accommodating disabled veterans visit GNeil.com and take a look at our E-Guide: When Soldiers Return to Work.

USERRA helps veterans get back to work

Military tax benefits bill signed into law

Military reservists are now able to cash out health care flexible spending accounts and may withdraw funds from 401(k) or other contribution plans without penalty.

On June 17, 2008, President Bush signed the Heroes Earnings Assistance and Relief Tax Act of 2008 (H.R. 6081), permitting active duty reservists to make penalty-free withdrawals from retirement plans, when called to serve at least six months. It also allows any differential military pay to be included in the calculation of wages for retirement plan purposes and allows employers to report the differential military pay on the W-2.

The law also modifies the Uniformed Services Employment and Reemployment Rights Act (USERRA) for the purposes of triggering the payment of qualified plan benefits, and allows recipients of military death benefit gratuities to roll over the amounts received, tax-free, to a Roth IRA or a Coverdell education savings account.

The modifications also allow reservists called to active duty for at least 180 days to withdraw any remaining balances in their health care flexible spending accounts. Before this law, most employees called to duty would forfeit any remaining money in their health care accounts.

Military tax benefits bill signed into law

Veterans return to tough job market

Finding a job in the U.S. amidst talks of recession and the weakening dollar is tough for many Americans, even harder for returning veterans.

Compared to civilians of similar age and education, veterans have less of a chance of being hired.

Eighteen percent of the veterans recently back from overseas tours of duty are unemployed. Of employed veterans, 25 percent earn less than $21,840 a year, according to the Department of Veterans Affairs.

The data was compiled from a survey of 1,941 veterans who left the military between December 2004 and January 2006. The survey matches up with Census Bureau and other data showing employment rates and wages are lower for troops returning from the Iraq and Afghanistan war zones than their civilian peers. Read the full article in the Washington Post.

With soldiers returning to work, there are federal laws businesses must abide by. Particularly, the Uniformed Services Employment and Reemployment Rights Act of 1994, most commonly known as USERRA.

Recently, the Justice Department filed a lawsuit against Wal-Mart to defend the employment rights of an Air Force veteran.

The Air Force veteran claims that Wal-Mart denied him of his civilian employment position as a cashier in Orange City, FL. Subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the military be reemployed by their civilian employers in the same position that they would have held had they not left to serve.

Read the full Department of Justice press release.

Veterans return to tough job market