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!

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

Stimulus plan subsidizes COBRA, expands unemployment insurance

President Barack Obama signed the $787 billion stimulus package into law yesterday hoping to provide a boost to the nation's continuing recession.

"I don't want to pretend that today marks the end of our economic problems, nor does it constitute all of what we're going to have to do to turn our economy around," said Obama, who signed the bill at the Denver Museum of Nature & Science, underscoring its hope of creating environmentally-friendly jobs.

"But today does mark the beginning of the end; the beginning of what we need to do to create jobs for Americans scrambling in the wake of layoffs; the beginning of what we need to do to provide relief for families worried that they won't be able to pay next month's bills; the beginnings of the first steps to set our economy on a firmer foundation, paving the way to long-term growth and prosperity." Read the full Boston Globe story.

The stimulus plan contains specific measures that will effect most businesses across the country, including a COBRA subsidy for laid-off workers, hiring incentives and new HR requirements.

Roughly $21 billion of the stimulus package is available to help workers who have been laid off to keep their employer-provided health insurance through COBRA, the federal law that gives unemployed workers the right to maintain their employer health insurance after a layoff.

The federal government will pay 65 percent of COBRA premiums for a period of nine months for employees who are laid off from September 1, 2008 through December 31, 2009. Employers will receive a payroll tax credit to offset the subsidy. Employers must notify former employees who are eligible for the new subsidy by March 1.

Documents will have to be updated as the new rule requires that information on the COBRA subsidy is to be included in employers' COBRA notices.

The stimulus also outlines tax benefits for hiring certain types of workers. If your company hires an unemployed military veteran or a person who didn’t finish high school, you could receive a $2,400 per employee tax credit as part of the Work Opportunity Tax Credit. The two new classes of qualified workers were added to the “target group” of disadvantaged workers.

Other HR requirements included in the stimulus plan:

• An increase of weekly unemployment benefits by $25.
• An extension of the temporary emergency unemployment compensation program through December 2009. The program provides up to 33 weeks of extended unemployment benefits.
• Unemployment compensation to workers who leave an employer for "compelling family reasons," such as domestic violence, illness or disability of an immediate family member.

As the Department of Labor releases more information on the compete details of the stimulus plan and what will be required of businesses, G.Neil's legal team will be there to help make sure your organization is fully compliant.

Please check back often or subscribe to our blog for the latest updates on how the stimulus plan impacts your business.

For more on how the stimulus package will impact your business, read:

USA Today - Employers fear cost of health insurance for jobless workers

HR Morning - Obama stimulus package contains 6 big paperwork changes for you

Boston Globe - Stimulus is signed as storm builds

About.com: Human Resources - Economic stimulus package and COBRA

Stimulus plan subsidizes COBRA, expands unemployment insurance

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

Online tool helps employers reintegrate veterans

The U.S. Department of Labor recently announced the launch of a new online resource to help employers accommodate veterans with traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) in the workplace.


The new America’s Heroes at Work website provides employers with information about TBI and PTSD, along with tools and advice on how to reintegrate afflicted veterans, particularly service members returning from Iraq and Afghanistan.

“This America's Heroes at Work initiative focuses on the employment challenges of returning service members who are living with traumatic brain injury and post-traumatic stress disorder,” said Secretary of Labor Elaine L. Chao.

“One of the best ways we can help these courageous men and women and honor their sacrifice is to help them return to full, productive lives through work. Employment can also play a role in their recovery.”

Though their injuries may not be visible, veterans with TBI or PTSD face challenging obstacles when returning to the workplace. Through America’s Heroes at Work, employers can find resources including job coaching and mentoring programs to create a positive, successful work environment for employees who have experienced traumatic events.

"Employment plays absolutely a major role in the rehabilitation of our servicemembers, regardless of the kind of injuries that they may have," said Charles S. Ciccolella, the Labor Department's assistant secretary for Veterans' Employment and Training Service.

Visit America’s Heroes at Work.

Online tool helps employers reintegrate veterans