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U.S. Master™ Wage-Hour Guide, 2009 Edition
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.
The Department of Justice (DOJ) announced on March 2, 2010, that it has reached a settlement, in the form of a consent decree, with the Goodyear Tire & Rubber Company (Goodyear) that, if approved by the U.S. District Court in Oklahoma City, will resolve its lawsuit filed on behalf of Michael J. Ellis, a major in the U.S. Army Reserve. The lawsuit, filed in May 2009, alleged that Goodyear violated USERRA by failing to promptly reemploy Ellis following his military service. Ellis was on leave from Goodyear due to a previous service-related injury and awaiting reassignment to a new position with Goodyear consistent with his physical abilities when he was called to active duty in September 2005. According to the complaint, when Ellis sought reemployment with Goodyear after his discharge from military duty in 2007, the company took no steps to identify the position Ellis would have received had he not been activated, and it failed to reemploy him for nearly a year.
Under the terms of the consent decree, Goodyear must pay Ellis $40,000 in back wages and other damages. Goodyear also must supplement its policies at its Lawton, Oklahoma, plant to ensure that returning service members are promptly reemployed in accordance with USERRA, and must submit to a period of monitoring by the DOJ to ensure Goodyear’s compliance with USERRA.
“Every day, our men and women in uniform risk their lives to protect our rights,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Department of Justice will work diligently to ensure that service members’ rights are protected, too.”
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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