This & That Tuesday 13.8.13

by hr4u.
Aug 14 13

Here is the latest issue of “This & That” Tuesday. I hope you find it to be informative and useful.



You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners or for a list of topics that I can speak on at Chambers, Clubs, Business Associations, etc. More details about the events, topics and Human Resources 4U, in general, can be found on my website.


Upcoming events:

September 27, "Discovering Business in the New Economy" hosted by AltaPacific Bank and Montgomery Niemeyer & Co.


Fact Sheet USERRA (Military Leave)

Who’s covered?

Employees who serve or have served in, or applied to, the uniformed services


What’s provided?

  • Reemployment rights
  • Benefits rights
  • Retention rights


What’s prohibited?

  • Discrimination based on service, past or present, in the uniformed services
  • Retaliation based on the exercise of USERRA rights


What are an employee’s reemployment rights?

An employee who is absent due to military service is entitled to reemployment into the same or a comparable position, as though s/he had been continuously employed


What are an employee’s benefits rights?

  • The same rights and benefits the employee had on the date of commencement of service, plus additional seniority-based rights and benefits as though s/he had been continuously employed
  • Treated as though s/he is on a leave of absence and is entitled to the same rights and benefits as other employees on leaves of absence — an employee may, but cannot be required to, use accrued vacation or paid leave during a period of absence due to service
  • The ability to elect to continue health insurance coverage for up to 24 months, at no more than 102% of the cost of the full premium under the plan
  • The same pension benefits as though he or she had been continuously employed


What are an employee’s retention rights?

  • An employee who is absent due to military service can’t be terminated except for cause within:
  • 1 year of reemployment if employee’s period of military service prior to the reemployment lasted more than 180 days or
  • 180 days of reemployment if employee’s period of service prior to the reemployment lasted more than 30 days but less than 181 days


What are an employee’s obligations?

  • To provide advanced notice of the service obligation, unless such notice is impossible or unreasonable
  • To submit an application for reemployment in a timely manner after the conclusion of service
  • An employee is entitled to reemployment rights if he or she has 5 years or less of cumulative service in the uniformed services


Are employers required to provide notice?

  • Employers are required to provide notice of the rights and benefits provided under USERRA
  • Employers should have a policy or section in their Employee Handbook offering guidance regarding Military Leave requests


What are the potential penalties?

  • Reinstatement
  • Back pay
  • Liquidated damages
  • Attorneys’ fees



There are additional leave protections afforded to both military and military spouses under the Family Medical Leave Act (FMLA)


South Carolina Retirement Community Settles Sexual Harassment and Retaliation Suit

Ashlan Village, Inc., doing business as Ashlan Village Retirement Community, a retirement and assisted living facility located in Lyman, S.C., will pay $40,000 and provide non-monetary relief to settle a sexual harassment and retaliation lawsuit filed by the EEOC.


The EEOC had charged in a lawsuit that from around September 2008 through around December 2008, Leah Pyhala, the marketing and activities director at Ashlan Village, was sexually harassed by her male supervisor, who was the facility's executive director. The lawsuit said the harassment included unwelcome e-mails with sexual content, sexual comments and unwelcome touching. Pyhala and a coworker, Holly Black, who was the facility's director of resident services, complained about the harassment to Ashlan Village's owner. The EEOC said that Pyhala and Black were then terminated on the same day by the executive director, shortly after they complained about the harassment.


In addition to monetary damages, the consent decree resolving the lawsuit includes injunctive relief prohibiting the company from further discriminating on the basis of sex, and from engaging in retaliation for resisting or complaining about it. The decree also requires the redistribution of the company's sexual harassment policy and annual training on sexual harassment and retaliation for all managers, supervisors and employees. Finally, the company must report complaints of sexual harassment to the EEOC throughout the decree's term.



  • Of the 18,335 employment cases filed in 2010 with California’s Department of Fair Employment and Housing, one-fifth cited age discrimination. In terms of popularity, that puts age below retaliation as a claim, but above racial discrimination, sexual harassment, and sexual orientation.
  • 57% of American workers have less than $25,000 in retirement savings but only 2% consider retirement security the most pressing financial need facing most Americans.


Workers’ Comp Top Five Costs (2010)

  • Overexertion: $13.6 billion
  • Fall on same level: $8.6 billion
  • Bodily Reaction (bending, slipping, tripping, reaching, etc.: $5.8 billion
  • Fall to lower level: $5.1 billion
  • Struck by object: $4.1 billion



“I have not failed. I've just found 10,000 ways that won't work.”

Thomas Alva Edison