Publications

USERRA Claims are Subject to Binding Arbitration

June 19, 2006

The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is the federal law that regulates employment rights for military service members. In a recent opinion interpreting USERRA (Garrett v. Circuit City Stores, Inc.), the U.S. Court of Appeals for the Fifth Circuit held that statutory USERRA claims are procedurally no different than any other federal employment claim (i.e., race, sex, disability, age discrimination). Accordingly, employees subject to legally valid arbitration agreements can be required to arbitrate alleged USERAA violations, just as they can be required to arbitrate any other type of employment claim. For further information regarding what constitutes an enforceable arbitration agreement, please see “Arbitration Agreements in Employee Handbooks: Are they Enforceable?” on the first page of this issue, as well as our prior newsletter article entitled “Texas Supreme Court Embraces Binding Arbitration in Employment Disputes."

Firm Highlights

Publication

Interviewing Tips and Tricks

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The Trifecta: ADA, FMLA, and Workers Compensation

A look into ADA, FMLA, and Workers Compensation from both the HR and Risk Management side. How do they work together? Listen as Kevin and Senior Risk Manager of Patterson Companies, Maggie Hobbs discuss...

Publication

Paid Sick and Safe Leave

When you think of Texas do you think of mandatory paid time off laws? How would Paid Sick and Safe Leave affect your HR policies? Join Kevin and Erin McNamara as they discuss this...

Event

Reviewing and Previewing: 2019 & 2020 HR Laws and Hot Topics

It seems every year more and more critical “stuff” happens to keep HR professionals busy and always learning.  2019 was no exception and 2020 won’t be either.  In this 1-hour webinar we will review...

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Flextime in the Workplace

Is flextime right for your office? How do you keep confidential information confidential when employees are working off site? Listen as Kevin Mosher talks to Bill Kelly, HR Director of Vinco, Inc., about piloting...

Event

ABCs of Employment

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Is Sexual Orientation Discrimination Unlawful? Supreme Court to Decide!

Listen to HR attorneys Kevin Mosher and Stephanie Rojo discuss sexual orientation discrimination and transgender discrimination issues and the exciting cases before the Supreme Court.  Will SCOTUS find that federal law protects employees and...

Publication

ADA Accommodations that Come with Fur and a Tail

Boa constrictors in the workplace?  Do we have to accommodate all employee pets?  Join HR attorneys Kevin Mosher and Laura Alaniz for a fun and informative discussion on pets in the workplace.   

Experience

Fifth Circuit Decision Secured In Civil Rights Case

Dallas partner John Ross, obtained a favorable decision from the Fifth Circuit Court of Appeals on behalf of his clients, El Paso Hospital District and two of its nurses, on civil rights, constitutional, and...