Webinar: USERRA: What Matters in Protecting our Service Members’ Employment Rights

The presentation provides an overview of USERRA, which encourages service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; seeks to minimize disruption to the lives of persons performing such service, as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and prohibits discrimination against persons because of their service in the uniformed service. USERRA also prohibits retaliation against both persons seeking protections under the Act, and any other persons assisting such persons seeking protections, even if they lack status in the uniformed services.

The presentation is designed to provide familiarization and help develop an understanding of USERRA for decision-makers considering USERRA-related questions, and for professionals providing USERRA advice and counsel to employers. The presentation may also be helpful for attorneys providing advice and counsel to veterans and uniformed service members as employees. The presentation will also describe the process for the filing of a USERRA complaint, VETS’ role in the investigation of such complaints, and the potential referral of such complaints to the Department of Justice or the Office of Special Counsel.

Veterans are integral to shaping the modern workforce. Since September 11, 2001, more than 1M National Guard and Reserve uniformed service members have mobilized in support of the Global War on Terror, and more than 964,000 have returned, with nearly 38,000 remaining on active duty. In July 2019, the veteran unemployment rate was 3.4 percent, which is lower than the seasonally adjusted non-veteran unemployment rate of 3.6 percent. Utilizing the seasonally adjusted unemployment rate, this is the 11th consecutive month where the veteran unemployment rate was lower than the non-veteran unemployment rate. There are more veterans in the workforce now than there have been in years.

Hiring and retaining veterans makes good business sense. They have strong personal integrity; they triumph over adversity, work independently, and have strong leadership qualities. They appreciate the value of teamwork, and will refer other veterans, which is critically important to shaping the modern workforce. Hiring and retaining veterans provide employers the opportunity to bring in like-minded veterans while reducing the time it takes to fill positions. According to SHRM’s 2017 Talent Acquisition survey, survey tools used to source candidates ranks employee referrals at 90%, and, according to the 2016 SHRM survey, it takes an average of 42 days to fill a position at the average cost-per-hire of $4,129.00. Moreover, according to a January 2017 article in The Huffington Post entitled, “How Much Does Employee Turnover Really Cost,” “the cost of losing an employee can range from tens of thousands of dollars to 1.5-2x the employee’s annual salary.”

Compliance with USERRA makes good business sense as well. Since September 11, 2001, there has been an increase in USERRA complaints filed, averaging more than 1,200 complaints annually, as wells as a tremendous increase in USERRA inquiries. Maintaining a clear understanding of responsibilities under USERRA will help employers avoid future complaints and tap into the full potential of this vital and vibrant aspect of the modern workforce.

Registration is now closed

About the Presenters

William K. “Kenan” Torrans, Director, Compliance and Investigations Division, Veterans’ Employment and Training Service’s (VETS)
William K. “Kenan” Torrans presently serves as Director for the Veterans’ Employment and Training Service’s (VETS) Compliance and Investigations Division. He has been employed with VETS since March 2004. A national speaker, Mr. Torrans has spoken and lectured extensively on USERRA and related issues before a number of professional organizations including the American Bar Association, many State bar associations and law schools, the U.S. Army JAG School, chambers of commerce, the Society of Professional Benefits Administrators, the Equal Employment Advisory Counsel, as well as the national media including 60 Minutes, National Public Radio (NPR), and many others.

Mr. Torrans received his JD from the University of Baltimore School of Law in 1994, and is licensed to practice in Maryland and in the District of Columbia. Prior to his tenure with VETS, Mr. Torrans was Counsel to the U.S. Department of Veterans Affairs, Board of Veterans’ Appeals from 1997 to 2004. He also worked as a contract attorney with the U.S. Department of Justice, Civil Rights Division, Disability Rights Section from 1995 to 1997, enforcing public access provisions of the Americans with Disabilities Act (ADA).

Mr. Torrans’ experience includes multi-district Federal and appellate litigation. Active in civic affairs, including membership on a number of boards and commissions in the Washington Metro area, he served as Consumer Affairs Commissioner for the City of Alexandria from 1996 to 2004 with a primary focus on identity theft and related issues. Mr. Torrans is also a contributing member of the Maryland State Bar Association’s Military Law Committee. He currently resides in Northern Virginia and is an Army veteran of Operations Desert Shield/Desert Storm.

Paul A. Marone, Senior Compliance Policy Advisor, Veterans’ Employment and Training Service (VETS)
Paul A. Marone currently serves as the Senior Compliance Policy Advisor for the U.S. Department of Labor, Veterans’ Employment and Training Service (VETS). In that role, he serves as VETS’ national technical advisor for all USERRA field activities and program operations. Previously, he served as the Senior Investigator in VETS’ Philadelphia Region providing substantive guidance and oversight in the investigation of USERRA and veterans’ preference claims brought by veterans and service members in the Region. Before joining VETS in 2015, Mr. Marone served as a trial attorney with the Department’s Solicitor’s Office since 2007. He handled a variety of labor and employment matters throughout the Department’s program areas, including VETS, MSHA, OSHA, Wage Hour, Labor Relations, and Whistleblower Protection, most notably the Chickie’s & Pete’s FLSA tipped employee case, the A-1 Mortgage FLSA commissioned broker case, the CETUSA J-1 student visa case, and the Cumberland Coal MSHA lifeline case.

Mr. Marone previously served on active-duty with the U.S. Army Judge Advocate General’s Corps, was an associate employment law attorney in a small firm, and a Special Assistant U.S. Attorney in Maryland, the latter for nearly ten years. He joined the Department from the City of Philadelphia Law Department, Civil Rights Unit, where he served as a Deputy City Solicitor defending the City and its police officers in excessive force, fatal shootings, and First Amendment cases in federal and state courts.

Mr. Marone received his B.A. and J.D. degrees from Fordham University in 1988 and 1991, respectively, an LL.M. in Trial Advocacy in 2004 from Temple University, where he was an adjunct professor of trial advocacy from 2006 through 2009, and a Master of Strategic Studies degree from the U.S. Army War College in 2011. In 2016, Mr. Marone retired from the U.S Army Reserve as a Colonel, and most recently commanded the 13th Legal Operations Detachment (Expert). He is admitted to the bar in New York, New Jersey, Maryland, and Pennsylvania, as well as the U.S. Supreme Court, and the U.S. District Courts for New Jersey, Maryland, and the Eastern District of Pennsylvania. Mr. Marone and his wife, Dr. Margery-Ann Covello, reside in Center City Philadelphia with their twin fourteen-year old daughters, Lucy and Rose.

Registration

Registration will close on May 19 at 2pm Eastern.

Registration Fees

• FBA Member: $0
• Nonmember: $75

How to Register

Registration is now closed

Cancellation Policy

No refunds will be made for cancellations received after the close of business on May, 13 2020. No-shows will be billed. Substitutions may be made at any time upon notification. Please contact Laura Mulhern at lmulhern@fedbar.org with cancellation and/or substitution requests.

CLE

Credit for these complimentary webinars will be processed/reported within 4-6 weeks of the webinar event date and available for credit in states that allow credit for live webinar presentations. Your bar number must be accurate in our database to receive credit.

If you have any questions regarding this program, please contact Laura Mulhern, Sections and Divisions Manager.