Military Workforce

As deployment numbers rise, military personnel in the civilian workforce will be expected to answer the call. While the Armed Forces are increasingly relying on Reserve and National Guard members to meet mission needs domestically and abroad, Congress and state legislatures are simultaneously expanding the scope of rights, benefits, and protections available to service members, veterans, and military families.

These trends result in compliance challenges for employers under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Americans with Disabilities Act (ADA) (related to employees injured in the line of duty), and the Family and Medical Leave Act (FMLA) (as applied to military family members), among a wide range of federal, state, and local laws applicable to service members, veterans, and the families who support them. Early missteps can lead to significant legal risk, with especially high stakes in the class context.

Ogletree Deakins’ Military Workforce Practice Group includes a team of experienced attorneys, who advise daily on federal, state, and local law compliance related to military leaves of absence, benefits coordination, reduction in force impacts to service members and veterans, paid leave, and other issues unique to the military workforce. Our team includes current and former military members who are uniquely situated to advise on military workforce matters, risk mitigation, and opportunities for employers to provide enhanced protections for service members and veterans through written policies and hiring initiatives. Our work includes:

• Representing employers in USERRA single-plaintiff and class litigation, including matters related to alleged discrimination, denied reemployment, and paid leave claims under USERRA Section 4316(b)
• Defending lawsuits involving service-connected disabilities under USERRA and the ADA
• Representing employers in administrative complaints filed with the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL/VETS), including through referral proceedings to the U.S. Department of Justice (DOJ)
• Guiding employer communications and mediation in response to inquiries from the U.S. Department of Defense’s Employer Support of the Guard and Reserve (ESGR)
• Advising employers on methods for confirming uniformed service, calculating cumulative service, and analyzing statutory authority for service types, notice and documentation requirements, seniority and nonseniority benefits treatment, and the administration of health and retirement plans for returning service members
• Advising on reductions in force affecting veterans and service members
• Designing and implementing written policies and internal procedural guidance for compliance with USERRA, state military leave law, and the military family leave provisions of the FMLA, including extensive policy drafting and toolkit documents
• Providing onsite training and/or virtual training for human resources professionals, corporate counsel, talent acquisition managers, and supervisors on best practices related to the military workforce including recruiting and retention efforts by civilian employers
• Providing guidance on the Military Spouses Residency Relief Act (MSRRA)
• Advising on record requests through the Servicemembers Civil Relief Act (SCRA)
• Preparing Touhy requests and subpoenas to the U.S. Department of Defense (DoD), Defense Finance and Accounting Service (DFAS), and military service branches
• Advising on potential conflicts of interest unique to government contractors under applicable Standards of Conduct and Joint Ethics Regulations
• Advising on multistate compliance with applicable laws governing veterans, service members, and military families
• Responding to requests from the Defense Counterintelligence and Security Agency related to security clearances
• Advising employers on hiring and personnel decisions due to adverse security clearance findings, military service discharge types, and the impact of military discipline
• Assisting employers with the implementation and management of veterans’ hiring initiatives, such as the DoD Skillbridge Program, Hiring Our Heroes, and the Army Career Skills Program

Military Workforce Practice Group Leaders

Amy Quick Glenos

James A. Patton, Jr.