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A Refresher on USERRA with Recent Developments

By Eileen Carr Riley and Gil Abramson

As the U.S. begins its tenth year in support of Operation Enduring Freedom (the war in Afghanistan) and continues to maintain its all-volunteer military in countries throughout the world, it is an appropriate time to revisit some of the important protections afforded to service members by the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) 38 U.S.C. '4301 et seq. This review is particularly timely as USERRA celebrates its 16th anniversary, and while the Supreme Court considers its first USERRA case, Staub v. Proctor Hospital, Writ of certiorari granted, 130 S. Ct. 2089, 176 L. Ed. 2d 720, 2010 U.S. LEXIS 3333, 78 U.S.L.W. 3610 (U.S. 2010).

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