On May 28th, 2021, a federal jury in Florida decided that Minnesota-based earplug manufacturer 3M was not liable for hearing damage suffered by Veteran Dustin McCombs. This case was the second of three bellwether trials scheduled to go to court this year over allegations that 3M’s earplugs were defective and deceptively sold to the U.S. military, resulting in hearing loss and tinnitus for soldiers who used them in combat.
The first lawsuit,...
Amazon is facing a proposed class action lawsuit on behalf of current and former employees across the country who took short-term military leave between October 10th, 2004 through the present. The lawsuit alleges that Amazon is in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by habitually denying employed servicemembers the same short-term leave benefits applied to employees who take off work for...
Civilian employers failing to protect and abide by service members’ rights has long been a problem in the United States. According to NATO, the U.S. military’s reserve components consist of 1.1 million members, and according to Statista, the Army National Guard consists of more than 336,000 members. Due to the part-time nature of these positions with service members being called to action only for brief periods of time over the course of...
It is unfortunately common for servicemembers to return to their civilian job after a deployment or training just in time for a performance review, only to find that they receive a negative score due to the time spent away for military obligations. Receiving a negative performance review can have a significant effect on an employee’s opportunity for promotion, raises, and even increased benefits and paid time off (PTO).
Not only is giving an...
Walmart recently settled claims regarding alleged Uniformed Services Employment and Reemployment Rights Act (USERRA) violations in the form of reduced leave pay for service members.
The official class action claims that Walmart has been in violation of USERRA regarding short-term service member leave since 2004.
New Hampshire Walmart employee and army reservist Nickolas Tsui filed a class action lawsuit against his civilian employer on behalf of...
Military divorce has many similarities to standard divorce, however there are important considerations to take into account. A military spouse may be entitled to continue receiving military benefits for a set period of time after the divorce has been finalized depending on a variety of factors, such as how long the couple was married during the military spouse’s service. It is also important to note that if a servicemember is deployed during...
Need Help With Military Law?
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Military law refers to the law that governs all members of the armed forces, and is primarily made up of the Uniform Code of Military Justice (UCMJ). The UCMJ is essentially a code of conduct that lists everything from crimes and other offenses to the rules and regulations for sentencing and trial. Contrary to common knowledge, even retirees are subject to conduct described...
Military Family, Employment, and Housing Overview
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Military law regarding family, employment, and housing is designed with the specific needs and challenges of military families in mind. Deployments, annual training, and other military obligations can present certain difficulties, especially in regard to child visitation and custody agreements. Additionally, time away due to military obligations can...