24 Cited authorities

Harris N.A. v. Hershey
711 F.3d 794 (7th Cir. 2013) Cited 158 times
Holding that a loan extended to a family investment company was not for personal, family or household purposes under Illinois state law
Alabama Power Co. v. Davis
431 U.S. 581 (1977) Cited 129 times
Holding that the Military Selective Service Act of 1967 required an employer to grant a veteran returning from military service credit toward his pension for time spent in the military
Coffy v. Republic Steel Corp.
447 U.S. 191 (1980) Cited 94 times 1 Legal Analyses
Holding that courts should liberally construe the Vietnam Era Veterans' Readjustment Assistance Act of 1974
Miller v. Sw. Airlines Co.
926 F.3d 898 (7th Cir. 2019) Cited 79 times 13 Legal Analyses
Concluding "[defendant] was entitled to remove the suit to federal court under federal-question jurisdiction"
Brown v. Illinois Cent. R. Co.
254 F.3d 654 (7th Cir. 2001) Cited 107 times
Holding that Americans with Disabilities Act claim was preempted by the RLA where plaintiffs claim "requires a potentially dispositive interpretation of the CBA's seniority provisions"
Tice v. Am. Airlines, Inc.
288 F.3d 313 (7th Cir. 2002) Cited 102 times
Holding RLA precluded federal age-discrimination claim
Crews v. City
567 F.3d 860 (7th Cir. 2009) Cited 77 times 1 Legal Analyses
Holding that a city's decision to stop providing a work schedule benefit to employees in the National Guard, which it had never provided to non-Guard employees, did not violate § 4311 because "USERRA does not require such preferential treatment"
Dunderdale v. United Airlines, Inc.
807 F.3d 849 (7th Cir. 2015) Cited 54 times 3 Legal Analyses
Affirming summary judgment for employer
Gross v. PPG Industries, Inc.
636 F.3d 884 (7th Cir. 2011) Cited 62 times
In Gross, and in the aftermath of the September 11th attacks, an employer granted employees on military leave additional compensation in the form of "differential pay," which "exceed[ed] those benefits offered to its other employees generally."
Foster v. Dravo Corp.
420 U.S. 92 (1975) Cited 46 times
Explaining that providing additional benefits for overtime and pro rata payment for early termination suggested that the work requirement was bona fide
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,467 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 4301 - Purposes; sense of Congress
38 U.S.C. § 4301 Cited 974 times 29 Legal Analyses
Adopting Alabama Power for USERRA
Section 4311 - Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited
38 U.S.C. § 4311 Cited 735 times 7 Legal Analyses
Prohibiting denial of reemployment "on the basis" of uniformed service
Section 4316 - Rights, benefits, and obligations of persons absent from employment for service in a uniformed service
38 U.S.C. § 4316 Cited 162 times 8 Legal Analyses
Providing that employees who are absent while serving in the military must be deemed to be on furlough or leave of absence with the same rights and benefits as similarly situated non-military employees, but not providing that they must be paid
Section 1002.2 - Is USERRA a new law?
20 C.F.R. § 1002.2 Cited 32 times
Tracing lineage of veterans’ employment protection statutes back to Selective Training and Service Act of 1940
Section 1002.150 - Which non-seniority rights and benefits is the employee entitled to during a period of service?
20 C.F.R. § 1002.150 Cited 28 times 4 Legal Analyses
Requiring employers to provide vacation leave "to an employee on a military leave of absence only if the employer provides that benefit to similarly situated employees on comparable leaves of absence"
Section 1002.212 - How does a person know whether a particular right or benefit is a seniority-based right or benefit?
20 C.F.R. § 1002.212 Cited 8 times
Listing the factors set forth in the Alabama Power test, along with one factor not relevant here, as interpretive guidance to determine if a benefit is seniority-based

Moss v. United Airlines, Inc. et al

24 Cited authorities

Holding that a loan extended to a family investment company was not for personal, family or household purposes under Illinois state law

Holding that the Military Selective Service Act of 1967 required an employer to grant a veteran returning from military service credit toward his pension for time spent in the military

Holding that courts should liberally construe the Vietnam Era Veterans' Readjustment Assistance Act of 1974

Concluding "[defendant] was entitled to remove the suit to federal court under federal-question jurisdiction"

Holding that Americans with Disabilities Act claim was preempted by the RLA where plaintiffs claim "requires a potentially dispositive interpretation of the CBA's seniority provisions"

Holding RLA precluded federal age-discrimination claim

Holding that a city's decision to stop providing a work schedule benefit to employees in the National Guard, which it had never provided to non-Guard employees, did not violate § 4311 because "USERRA does not require such preferential treatment"

Affirming summary judgment for employer

In Gross, and in the aftermath of the September 11th attacks, an employer granted employees on military leave additional compensation in the form of "differential pay," which "exceed[ed] those benefits offered to its other employees generally."

Explaining that providing additional benefits for overtime and pro rata payment for early termination suggested that the work requirement was bona fide

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Alabama Power for USERRA

Prohibiting denial of reemployment "on the basis" of uniformed service

Providing that employees who are absent while serving in the military must be deemed to be on furlough or leave of absence with the same rights and benefits as similarly situated non-military employees, but not providing that they must be paid

Tracing lineage of veterans’ employment protection statutes back to Selective Training and Service Act of 1940

Requiring employers to provide vacation leave "to an employee on a military leave of absence only if the employer provides that benefit to similarly situated employees on comparable leaves of absence"

Listing the factors set forth in the Alabama Power test, along with one factor not relevant here, as interpretive guidance to determine if a benefit is seniority-based